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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