A Jan. 6 defendant's sentence was improperly increased, according to a unanimous ruling from an appeals court in Washington, which could have a significant impact on other Jan. 6 cases.
The D.C. Circuit's U.S. Court of Appeals ruled on Friday that Larry Brock, who was found guilty of a number of crimes related to Jan 6, improperly had extra charges added on allegations of interference with the administration of justice. However, the judge who wrote the court's opinion explained that the charge wasn't applicable to a sentencing enhancement and rejected it.
“Brock challenges both the district court’s interpretation of Section 1512(c)(2)’s elements and the sufficiency of the evidence to support that conviction,” The judge, Patricia Millett, wrote.
Any interference with Congress' certification of the 2020 electoral votes, according to the judge, who was appointed by President Barack Obama, is not equivalent to a sentencing boost.
“Because Section 2J1.2’s text, commentary, and context establish that the ‘administration of justice’ does not extend to Congress’ counting and certification of electoral college votes, the district court erred in applying Section 2J1.2(b)(2)’s three-level sentencing enhancement to Brock’s Section 1512(c)(2) conviction,” wrote the judge.
The judges wrote that Congress’ function on Jan. 6 was not judicial, in siding with Mr. Brock, but was only a mere part of the 2020 presidential election process.
The multi- step process of certifying electoral votes, as a whole, bears little resemblance to the traditional understanding of the administration of justice as the judicial or quasi-judicial investigation or determination of individual rights, the panel concluded.
They added that law enforcement officials who were there at the Capitol on that day were there to protect the lawmakers and their process, not to enforce Congress’s certification decision or investigate individuals’ rights.
Mr. Brock's sentence will now, according to Friday’s order, be vacated and will be remanded to the district court for resentencing, under the statue.
It is not clear whether this will apply to other individuals who were charged with interference of the administration of justice related to the Capitol breach, or if Mr. Brock's sentence will be reduced. The ruling, however, could most certainly impact plea negotiations for future Jan. 6 defendants who are charged with the felony.
