As I reported before SCOTUS announced Fischer decision, DOJ and DC judges were already trying to figure out how to imprison 1512c2 defendants to the same amount of time even after the count--which drove excessive sentences--was dismissed.
SCOTUS determined DOJ wrongfully applied the 1512c2 statute and remanded cases back to DC court for further proceedings. DC US Atty Matthew Graves signaled they would seek "upward departures" with new enhancements to keep 1512c2 wrongfully convicted defendants in jail for years.
Here is Tim Kelly, a former DC prosecutor and Trump appointee, explaining last week why he would allow a "very significant upward departure"--meaning from baseline sentence--in the case of Michael Sparks.
Sparks was convicted of 1512c2 but wasn't sentenced before Fischer. DOJ dropped the 1512c2 conviction, so his most serious remaining conviction was civil disorder.
DOJ asked for numerous sentencing enhancements on civil disorder conviction to try to reach the same sentencing range as the 1512c2 conviction. Civil disorder convictions without an assault charge result in about 15-20 month in jail. Probation services recommended 15-21 months given the offense and no criminal record.
DOJ wanted 57 months for Sparks.
Kelly gave him 53 months last week:
SCOTUS determined DOJ wrongfully applied the 1512c2 statute and remanded cases back to DC court for further proceedings. DC US Atty Matthew Graves signaled they would seek "upward departures" with new enhancements to keep 1512c2 wrongfully convicted defendants in jail for years.
Here is Tim Kelly, a former DC prosecutor and Trump appointee, explaining last week why he would allow a "very significant upward departure"--meaning from baseline sentence--in the case of Michael Sparks.
Sparks was convicted of 1512c2 but wasn't sentenced before Fischer. DOJ dropped the 1512c2 conviction, so his most serious remaining conviction was civil disorder.
DOJ asked for numerous sentencing enhancements on civil disorder conviction to try to reach the same sentencing range as the 1512c2 conviction. Civil disorder convictions without an assault charge result in about 15-20 month in jail. Probation services recommended 15-21 months given the offense and no criminal record.
DOJ wanted 57 months for Sparks.
Kelly gave him 53 months last week:
Judges like Tim Kelly, who held men in pretrial detention under the 1512c2 charge, have shown zero remorse for intentionally abusing that statute to punish J6ers.
No apologies for sentencing J6ers to years in prison and destroying their lives over a post-Enron statute the Supreme Court definitely said the DOJ and DC courts had misapplied (to put it nicely) in 340+ J6 cases.
Instead judges like Tim Kelly are thumbing their nose at SCOTIUS--"fine, you can wipe away 1512c2, we will just focus on another felony and apply a bunch of bogus sentencing enhancements so Fischer doesn't matter."
No apologies for sentencing J6ers to years in prison and destroying their lives over a post-Enron statute the Supreme Court definitely said the DOJ and DC courts had misapplied (to put it nicely) in 340+ J6 cases.
Instead judges like Tim Kelly are thumbing their nose at SCOTIUS--"fine, you can wipe away 1512c2, we will just focus on another felony and apply a bunch of bogus sentencing enhancements so Fischer doesn't matter."
Tim Kelly also determined that shaking a temporary metal fence on Jan 6 represented a crime of terrorism.
He sentenced Enrique Tarrio to 22 years in prison and kept other nonviolent Proud Boys in jail for nearly two years before trial.
He covered up for blatant FBI misconduct in the Proud Boys trial.
I posted this last year after covering a sentencing hearing for one of the Proud Boys.
declassified.live/p/judge-timoth…
He sentenced Enrique Tarrio to 22 years in prison and kept other nonviolent Proud Boys in jail for nearly two years before trial.
He covered up for blatant FBI misconduct in the Proud Boys trial.
I posted this last year after covering a sentencing hearing for one of the Proud Boys.
declassified.live/p/judge-timoth…
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