/cloudfront-us-east-1.images.arcpublishing.com/pmn/IPE2X4XA6BEUJESGSZVDLWZ73M.png)
Posted on 08/28/2024 7:56:14 PM PDT by Robwin
A federal judge has ordered the release of a defendant convicted in the January 6 Capitol attack due to a Supreme Court ruling.
The Supreme Court ruled in June that federal felony "obstruction of an official proceeding" charges are only valid if the government can prove that a defendant "impaired the availability or integrity" of documents or records rather than merely obstructing an official proceeding.
Prosecutors had used the charge against hundreds of January 6 defendants under the assumption that it pertained to obstructing an official proceeding like the January 6, 2021, joint session of Congress, which was stormed by a mob of former President Donald Trump's supporters in an ill-fated effort to overturn his 2020 election loss.
On Wednesday, U.S. District Judge Beryl Howell ordered the release of defendant Patrick Stedman, who was convicted of the felony obstruction charge and four additional misdemeanor counts last year. Howell cited the Supreme Court decision in her ruling, which granted Stedman's motion for release pending appeal.
(Excerpt) Read more at newsweek.com ...
>> The bad news...
Newsweek
NewsWEAK .... they should ALL be released .... YESTERDAY!!
A crack in the door for a potential overturning of virtually all J6 convictions?
If this judge released this guy - who apparently has not been mentioned before on FR...
then I wonder if this guy was one of the agitators rather than a Trump supporter.
This Obama judge has been pretty wacky:
Federal Court Declares Trump A Flight Risk In Secret Subpoena Decision
Jonathan Turley ^ | 08/10/2023 | Jonathan Turley
Posted on 8/10/2023, 9:38:36 PM by SeekAndFind
The disclosure of a subpoena of Twitter by Special Counsel Jack Smith was surprising in a number of respects, including the hefty $350,000 fine imposed by U.S. District Court Beryl Howell (below) for a three-day delay as the company sought to address the demand.
However, the two most surprising, and concerning, elements was that the subpoena was secret and Howell justified it, in part, on Trump being a flight risk. Neither seems warranted in this case even the subpoena was in other respects warranted....”
Agreed.
Per patriot mail project.com,
“ on 8/28/24 motion for release pending appeal is granted and effective 10/27/24.”
So he is in for a couple more months I guess. Poor guy.
What’s the rush judge?
So each case will have to be adjudicated individually, racking up legal fees and consuming time. No wholesale release in accordance with the ruling of SCOTUS. Duh Sistum werks./s
Right, do not assume that Beryl Howell (appointed by Obama) is on our side, or even capable of upholding the Constitution consistently. This might be a unique case. I guess it’s possible that she experienced an epiphany, but I remain skeptical.
It is my position that the 2020 election was over by sunset in Hawaii on December 14, 2020. I have explained that here many times.
But my position is irrelevant to this matter, because the crowd at the Capitol on January 6, 2021 lacked the authority and lacked the means to “overturn the election” (a phrase which is actually vague and difficult to understand).
Various State Legislatures had appointed 306 Biden Electors. None had expressed dissent, or attempted to correct the record (as they had every right to do if so inclined).
Even if an actual mob had seized and burned the 306 Certificates of Ascertainment, nothing would have been changed. The States would have just sent new ones.
No one from that demonstration should be in prison, not until all the Kavanaugh protesters and the Wisconsin Legislature occupiers and the Inauguration Day 2017 rioters are all rounded up and sent to join them.
Corrected
It is my position that the 2020 election was over by sunset in Hawaii on December 14, 2020“
The reality is when every court used the BS standing dodge to avoid acting on the diverse and ubiquitous cheating that took place the “election” was over. Barr and Wray crushed any effort to reveal the nature and extent of the cheating but that didn’t matter. The rats learned in 18 that it is near impossibility to get a court to even delay an election “result”. They realized then that they have an open field.
But the “elections” you are talking about do not appoint the President.
The Electors do that.
The bad news is that there are hundreds of others charged with the same “crime” still in jail or free but under indictment.
Obviously
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.