John Strand files a second motion for release from prison pending appeal of his #Jan6 conviction for §1512(c)(2) felony obstruction and four misdemeanors. The DOJ has until July 15 to respond. (Image: Paulio Shakespeare/The Epoch Times) 🧵 storage.courtlistener.com/recap/gov.usco…
In the new filing, defense attorney Nicholas D. Smith cited the June 28 Supreme Court decision in Fischer v. United States that limits use of §1512(c)(2) to impairment of evidence in an official proceeding. (Image: Paulio Shakespeare/The Epoch Times) 🧵
U.S. District Judge Christopher Cooper in February denied a similar motion./\] although he noted Strand posed no danger to the community and was not a flight risk if his appeal ultimately failed. Strand is serving a 32-month prison sentence. 🧵storage.courtlistener.com/recap/gov.usco…
Strand's misdemeanor prison time will expire on July 26, so if Cooper tosses the §1512(c)(2) felony and a sentence enhancement ruled unconstitutional on March 1 by the U.S. Court of Appeals in United States v. Brock, Strand could be poised for immediate release. 🧵
Attorney Smith said there was nothing introduced at trial showing Strand committed evidence impairment. Even if there was such evidence, Smith wrote, it would have to be charged under §1512(c)(1), which was not among Strand's counts. (Image: Paulio Shakespeare/The Epoch Times) 🧵
In his February 2024 memorandum opinion, Judge Cooper said if the Supreme Court were to toss out § 1512(c)(2), "Strand’s conviction under the same statute would likely be reversed as well because there is no evidence he engaged in any such conduct on January 6, 2021." 🧵
Strand was not at the U.S. Capitol on #Jan6 to protest presidential election fraud. He served as security for @DrSimoneGold, founder of America's Frontline Doctors. Dr. Gold was scheduled to speak on medical freedom and COVID-19 at a permitted event on Capitol grounds. 🧵
In nearly 12 months of incarceration, Strand was housed at three prisons, spent four months in solitary confinement, was denied mail, contact with family, and calls from his own attorney, @DrSimoneGold said. Read more about the case here: . 🧵/end archive.today/hn6L9
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