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." 🧵
Prosecutors now refer to next steps in the Reffitt case as including a "potential" re-sentencing hearing. "...The government respectfully submits that such proceedings are premature," prosecutors wrote.
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. 🧵
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
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. 🧵
Florida #Jan6 suspect David K. Homol committed suicide on April 17, Panama City police said. Story upcoming. David Homol shown at left with half-brother Dillon Homol.
Mr. Homol died of a self-inflicted gunshot wound to the temple, police said. He was facing eight #Jan6 charges, including the assault of two police officers.
He is at least the fifth #Jan6 defendant to die of suicide.