NEW: As I have reported for months, DOJ is still seeking ways to keep J6ers convicted under the unlawful use of 1512c2 in jail even with the charge being tossed AND that conviction driving excessive prison sentences.
On Thursday, DOJ admitted it would drop the 1512c2 count against Thomas Robertson, who was sentenced to 87 months in prison on several counts including 1512c2. The obstruction count resulted in the 7+ year prison sentence.
BUT DOJ under Matthew Graves is asking Judge Chris Cooper (Obama) to keep Robertson in jail for the full term by adding several new upward departures/enhancements on his other convictions.
Rotten to the core.
DOJ had also added the now unlawful adm of justice enhancement, tossed by DC appellate court earlier this year, to Robertson's sentence.
But now DOJ/Matthew Graves argues Robertson's role in J6 demands his ongoing incarceration in federal prison for 87 months DESPITE admitting without the 1512c2 charge his sentence would be 24-30 months.
HE HAS ALREADY BEEN IN JAIL FOR 3 YEARS which included 10 months in pretrial detention before his April 2022 conviction by DC jury.
As you read this outrageous garbage, keep in mind that Matthew Graves could very well be Kamala Harris' attorney general if she wins.
Graves' wife Fatima Goss Graves is close with Harris; her niece serves on the board of Goss Graves' radical nonprofit in DC.
And as I also have observed, what's happening in UK related to criminalizing social media posts has already been happening here for years to J6ers.
This is batshit crazy talk.
Graves has yet to charge a single pro-Hamas demonstrator with federal crimes--including those who unlawfully entered Capitol buildings, assaulted federal police, and vandalized property.
The DC judges feel no shame for sending Americans to jail on a bogus charge and being overturned by SCOTUS. Instead they are working hand in glove with DOJ ONCE AGAIN to punish J6ers.
Two judges here--Trevor McFadden and Tim Kelly--were FedSoc recommendations appointed by Pres. Trump. He must do better after he wins.
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In never-before publicly posted footage from Hodges' body camera, Hodges is seen randomly assaulting J6 protesters outside the Capitol at 2pm.
This is about 40 minutes after DC Metro and Capitol Police launched their first assaults on the crowd gathered on Capitol grounds. Police improperly used "non-lethal" munitions including stun grenades, rubber bullets, pepper balls, and tear gas on peacefully assembled protesters, which enraged the crowd.
Hodges and other DC Metro officers arrived in head-to-toe riot gear ready for a fight. Listen to the reaction from Trump supporters who had already witnessed one fatality and several injuries at the hands of police.
Some called them "storm troopers" and "traitors."
It is necessary to understand the widespread use of excessive (and unnecessary) force by police officers that afternoon that in many cases led to physical clashes between cops and protesters.
You may recall Hodges July 2021 sworn testimony before J6 committee where he misrepresented his conduct on Jan 6 (as did the other police witnesses) and referred to protesters as “terrorists.”
Turns out he was doing the terrorizing
Shortly after arriving on the scene dressed like a stormtrooper, Hodges continues to randomly use his baton and body to assault protesters including women
After a nearly 11-month delay, the DC appellate court finally issued its ruling on Couy Griffin appeal of common J6 misdemeanor. Despite clear consensus during oral arguments 1752 charge required foreknowledge of USSS protectee, the 2 Dem judges affirmed conviction. Trump appointee Greg Katsas, who authored the key dissent that led to SCOTUS overturing 1512c2, again dissented.
Griffin never entered the building. So let's understand what this ruling means--a US citizen cannot protest on government grounds paid for by taxpayers if someone in Secret Service protection is somewhere on the premises. (Pence had been evacuated to an underground garage by this point.)
Absolutely outrageous decision again demonstrating a rigged system controlled by Democrats in our nation's capital to set dangerous precedents for DOJ and judges to continue distorting laws to criminalize political dissent.
As I've noted here repeatedly--oral arguments, where Judge Pillard clearly conveyed deep skepticism as to how DOJ applied 1752, were held a week before SCOTUS granted cert in Fischer.
The announcement signaled the court might overturn DOJ's most common felony.
So the Dem-led DC appellate court slow walked this decision for more than 10 months. And now 2 weeks before Election Day, DC circuit (led by Obama judge) publishes the opinion upholding Griffin's conviction.
Keep in mind-- the "restricted' area was not cordoned off by Secret Service but by Capitol Police (and a weak barrier at that). The snow fencing was not related to Jan 6 protest but to protect inaugural set up.
So DOJ and Dem judges took a statute intended to "better protect the President and other national leaders from assassination, kidnapping, and assault" and used it against Americans protesting on federal property OUTSIDE the building.
Read it and weep:
Greg Katsas (Trump) in his dissent raised the very same question that Judge Pillard (Obama) did during oral arguments: a concern innocent people walking on "restricted grounds" could be prosecuted under 1752, which the DOJ conceded was true.
Today by noon ET, Donald Trump's lawyers will file under seal objections to proposed redactions in Jack Smith's novel (that's being nice) "Motion for Immunity Determinations" currently under seal as well.
Unlike Smith's position in FLA docs case--where DOJ wanted to keep basically all discovery including grand jury testimony and other records under seal over unsubstantiated fears of "witness" intimidation--Jack Smith now is prepared to post what he otherwise refers to as "sensitive" material in an effort to weaponize J6 against Trump as Americans start to vote.
Judge Aileen Cannon routinely denied Smith's broad sealing requests. Here she is in April 2024:
In DC J6 case, Smith is ready to post grand jury testimony, FBI 302s, etc--records he wanted sealed in the FLA case when Trump.
Judge Cannon ultimately ruled that some evidence could be posted with names, identifying info mostly redacted.
Here was Smith in FLA in Feb 2024:
Here is Jack Smith's top prosecutor explaining to Judge Chutkan last month what this massive motion will entail. DOJ using SCOTUS immunity ruling to justify its new stance about sealing discovery and protecting witnesses.
Does anyone believe Jack Smith will fight to keep this stuff redacted? NO. What Smith just set up is a redaction fight where Trump looks like the one wanting to keep evidence under wraps.
And as far as not including names of witnesses--between the indictment, the J6 committee report, and media coverage--it will take about 6 seconds to figure out who said what to investigators.
Jim Jordan opens Weaponization committee hearing today with DOJ IG Michael Horowitz by noting the FBI has not yet found the J6 pipe bomber.
The committee, Jordan notes, is investigating the "double standards" at the "Biden/Harris DOJ."
LOL major dbag Glenn Kirschner a witness in weaponization committee. Bragging about his prosecutorial record--he has been tip of the spear in attempted character assassination and harassment of Judge Aileen Cannon.
Kirschner now talking about Project 2025 and bringing up Jeff Clark being charged in Georgia. LOL Kirschner claims Project 2025 threatens the "independence and apolitical work" of the DOJ.
LOLOLOLOLOLOL
I hope someone on @Weaponization asks Kirschner about his coordinated targeting of Cannon.
It got so bad that the 11th Circuit stopped accepting complaints that Kirschner publicly helped organize
In the most sneering tone possible, Tanya Chutkan as predicted grants Jack Smith motion to file a gargantuan 180-page “brief” in Trump’s J6 case.
Chutkan HERSELF described Smith's proposed brief explaining why DOJ believes the new indictment is not covered by presidential immunity as "irregular" and outside the "ordinary course" of court procedure.
She again says the election is of no concern to her--which is bullshit
It is this type of glibness and quite frankly, laziness, that got Chutkan smacked down by SCOTUS. Chief Justice John Roberts repeatedly criticized Chutkan for her lack of fact finding and due diligence before hastily issuing her Dec 2023 denying all forms of presidential immunity for Trump in the J6 case.
Chutkan now is saying--ok SCOTUS you want a "careful" assessment of immunity in existing indictment? Fine--I will let Jack Smith do it first.
As I have reported, DC US Attorney Matt Graves is using a new charge in the J6 prosecution to work around SCOTUS decision in Fischer, which overturned how DOJ applied 1512(c)(2).
Yesterday, Graves filed a superseding indictment against a California woman on 18 USC 372, "conspiracy to impede officers."
To my knowledge, this charge has not been brought in the nearly 4-year criminal prosecution of J6ers. (If it has, it applied only to a handful.)
Graves is now referring to elected members of Congress as "officers."
It's hard to overemphasize how cynical, defiant, and deceptive this is.
Graves indicted Christina Kelso on 1512(c)(2) on 5/15/24--ONE MONTH AFTER SCOTUS ORAL ARGUMENTS IN FISCHER.
Everyone knew SCOTUS would reverse DOJ but Graves didn't care. In a solid stick in the eye to the court, Graves continued to bring the obstruction felony.
So now Graves is (1) dismissing the count but asking for same prison sentence in existing cases or (2) filing superseding indictment to drop 1512c2 but add another felony in its place.
To put this in perspective--Graves brought the 372 charge in high profile cases such as Proud Boys and Oath Keepers.
He is now using it against a 46-year-old woman who never went inside the building, is not accused of assaulting police, or destroying property.