Larry Brock moves to vacate #Jan6 conviction on obstruction felony under 18 U.S. Code §1512(c)(2), citing SCOTUS ruling in Fischer v. United States. A thread on Brock's motion: 🧵 s3.documentcloud.org/documents/2479…
Filed by attorney Charles Burnham, the motion says there is no evidence Brock "impaired the availability or integrity of a 'document,' 'object,' 'record' or 'other thing' used in the #Jan6 joint session of Congress. 🧵/2
The motion rejects the theory cited by DOJ as possible reason to keep obstruction charge in place despite SCOTUS ruling: that the Electoral College ballots themselves were impaired by Brock or other #Jan6 defendants. 🧵/3
"Virtually every official proceeding involves some kind of object, record or 'thing' so sustaining §1512 convictions based on this obvious fact would nullify the majority’s interpretation," Burnham wrote. "Mr. Brock’s conviction therefore should not be sustained on this basis, should the government choose to argue for it." 🧵/4
The Brock motion urges expeditious handling of the request. "Allowing the government to delay Fischer-related litigation indefinitely would deprive not only Mr. Brock but many defendants of timely vindication of their legal rights," he said. 🧵/end
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John Strand files a second motion for release from prison pending appeal of his #Jan6 conviction for §1512(c)(2) felony obstruction and four misdemeanors. The DOJ has until July 15 to respond. (Image: Paulio Shakespeare/The Epoch Times) 🧵 storage.courtlistener.com/recap/gov.usco…
In the new filing, defense attorney Nicholas D. Smith cited the June 28 Supreme Court decision in Fischer v. United States that limits use of §1512(c)(2) to impairment of evidence in an official proceeding. (Image: Paulio Shakespeare/The Epoch Times) 🧵
U.S. District Judge Christopher Cooper in February denied a similar motion./\] although he noted Strand posed no danger to the community and was not a flight risk if his appeal ultimately failed. Strand is serving a 32-month prison sentence. 🧵storage.courtlistener.com/recap/gov.usco…
Defendant Tara Stottlemyer through attorney William Shipley @shipwreckedcrew filed a motion to compel the DOJ to provide #Jan6 grand jury testimony showing she impaired "records, documents, objects" or "other things" used in an official proceeding. 🧵 storage.courtlistener.com/recap/gov.usco…
Shipley has already filed to vacate Stottlemyer's felony conviction on 18 U.S. Code §1512(c)(2) based on the Supreme Court ruling in Fischer v. United States. 🧵
The new filing demands the government provide evidence that a grand jury was shown allegations about Stottlemyer somehow impairing documents or records related to the #Jan6 session of Congress—as now required by the SCOTUS ruling. 🧵
The filings are complete in #Jan6 probationer @DanielGoodwyn's motion to stay Judge Reggie Walton's order to reinstate monitoring of Goodwyn's computer for "disinformation." 🧵
The U.S. Court of Appeals vacated the computer monitoring provision in a February decision, saying Walton "plainly erred" by not backing up the monitoring provision with case law and safeguards for constitutional rights. 🧵 archive.today/eH45H
Weeks after the Court of Appeals mandate was issued in March, Judge Walton issued a show-cause order to Goodwyn on why he should not reimpose monitoring despite the appeals court ruling. 🧵
DC federal judge Christopher Cooper sets Sept. 4 re-sentencing date for Thomas Robertson after Court of Appeals tossed his 87-month prison sentence for #Jan6 crimes. 🧵 courtlistener.com/docket/5881668…
Re-sentencing was prompted by the U.S. Court of Appeals for the District of Columbia, which vacated Robertson's #Jan6 prison term due to the March 2024 ruling in United States v. Brock. 🧵
In the Brock case, the Court of Appeals ruled federal sentencing guideline enhancers for obstructing the “administration of justice” cannot be applied to the counting of Electoral College votes by Congress on #Jan6, 2021. 🧵
BREAKING: DOJ telegraphs plan to forge ahead with felony obstruction charges under 18 U.S. Code §1512(c)(2). New court filing suggests a #Jan6 defendant from Texas impaired the use of ballots used in the tallying of Electoral College votes in Congress. 🧵
In a motion filed in the #Jan6 case against Guy Wesley Reffitt, prosecutors claim Reffitt "intended to stop the certification proceeding and affect the voting and balloting underlying the certification." 🧵
Such a theory would satisfy the Supreme Court ruling in the landmark Fischer v. United States case, the DOJ argued. The High Court said DOJ “must establish that the defendant impaired the availability or integrity for use in an official proceeding of records, documents, objects or ... other things used in the proceeding, or attempted to do so." 🧵
The Supreme Court ruling in the #Jan6 case Fischer v. United States has generated huge interest and speculation on what happens next. Here is a thread with background on the case and quotes from the June 28 6-3 majority opinion. 🧵
355 defendants were charged with violating 18 U.S. Code §1512(c)(2) for allegedly “obstructing” the counting of Electoral College votes from the 2020 presidential election by a joint session of Congress on #Jan6, 2021. 🧵
Obstruction of Congress under §1512(c)(2) is the most widely charged felony among #Jan6 cases. The charge carries a maximum prison term of 20 years. 🧵