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Jan. 6 Defendants Warned Supreme Court Plea Could Backfire


1 week ago 21
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The federal government has issued a warning to defendants serving prison sentences for their alleged roles in the January 6, 2021, riot at the U.S. Capitol that their plea to the Supreme Court could backfire.

More than 1,200 individuals, including Donald Trump, have been charged for their alleged involvement in the riot, which saw a group of the former president's supporters violently protest the 2020 election results, which Trump has continually claimed, without providing any substantial evidence, was stolen. Many of these defendants have already been convicted of a crime and are serving prison sentences.

The Supreme Court is expected to hear oral arguments on April 16 in one case that could upend hundreds of January 6 cases.

That case, Fischer v. United States, challenges the Department of Justice's use of the "obstruction of an official proceeding" charge, which has been used against Jan. 6 defendants for allegedly disrupting the Electoral College certification. Some defendants are already arguing they should be released pending the final ruling in the case.

January 6 defendants Supreme Court warning
Trump supporters are seen at the U.S. Capitol building on January 6, 2021 in Washington, D.C. A U.S. attorney warned that some Jan. 6 defendants’ Supreme Court plea could backfire. Samuel Corum/Getty Images

On Tuesday, however, U.S. Attorney Matthew Graves wrote in a court filing that this could backfire and lead to some defendants serving more prison time. The filing was in relation to the case of Anthony Williams, a 50-year-old man from Brownstown, Michigan, who was sentenced to 9 months in prison for his alleged part in the riot.

In the filing, Graves wrote that even if the Supreme Court strike down their use of the charge, resulting in a reversal on Williams' conviction on that specific count, it may not necessarily result in a shorter prison sentence.

Graves' reasoning is that "because, in the absence of a 1512(c)(2) conviction, the government's sentencing recommendation would likely be different and could include a request for consecutive sentences on William's misdemeanor count," rather than allowing him to serve his time for all counts concurrently.

The government did not request consecutive sentences because sentencing guidelines related to Williams' 1512(c)(2) charge was "adequate to satisfy the purposes of sentencing, including general and specific deterrence and the need to avoid unwarranted sentencing disparities," Graves wrote, adding this may change in the case of a reversal of that charge.

"The calculus on resentencing would necessarily change, and a reversal of the 1512(c) conviction could increase the aggregate sentence on the remaining counts," the filing reads.

When reached by Newsweek, the attorney representing Williams said he plans file and will reserve comments for a reply later in the week.

Conservative attorney Julie Kelly responded to the filing on X, the social media platform formerly known as Twitter.

"Make no mistake—this is Graves' way of threatening J6ers sentenced for DOJ unlawful use of 1512c2: if you ask for release or reduced sentence based on SCOTUS' likely reversal of obstruction count, we'll figure out a way to make you serve MORE time," she wrote.

She added that it may be a message to the Supreme Court to "go ahead and reverse the most common nonviolent felony count in J6 prosecution, who cares?"

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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.

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