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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A full thread on the #Jan6 case of Thomas Caldwell and the mercy of a time-served sentence of 53 brutal prison days and one day shy of 900 days in home confinement. 🧵/1 of 15 (Photo by Samira Bouaou/Epoch Times)
Caldwell and wife Sharon were subjected to a predawn FBI SWAT raid. Caldwell was thrown onto the hood of an FBI sedan in the freezing temperatures. An agent ground his knee into Caldwell’s back, right into the metal hardware from a Navy service injury. 🧵/2 of 15
Caldwell saw Sharon in her nightgown on the porch with her arms outstretched and laser gun sights shining on her. “I’m looking at that and I said, ‘Abba, Father! Please don’t let them murder my wife! Please don’t let them kill my wife!’” 🧵/3 of 15
Bodycam out today from @julie_kelly2 showing Metro PD "hard squads" bowling over #Jan6 protesters has an intersection with my story on terminal cancer patient/defendant Michael Fitzgerald. He appears at the 0:26 mark of the video. 🧵/1
At 2:04:18, Officer Hodges walks directly behind Jan. 6 defendant Fitzgerald, who is being prosecuted despite his terminal-cancer diagnosis. He pushes the red-coat man in Fitzgerald's direction. 🧵/2
A few seconds later, an incendiary police munition exploded behind Fitzgerald and sent a cloud of tear gas at him. It knocked the breath out of him. As he stumbled away he was struck in the neck by a projectile and collapsed (upper right portion of photo). 🧵/3
U.S. District Judge Reggie Walton denies an emergency stay of his latest order to monitor #Jan6 probationer @DanielGoodwyn's computer for 'disinformation,' an action struck down in February by the U.S. Court of Appeals. storage.courtlistener.com/recap/gov.usco…
In February, the U.S. Court of Appeals vacated the computer monitoring, ruling that Judge Reggie Walton "plainly erred" by imposing the #Jan6 computer monitoring, saying he did not develop a record with reasoning or ensure constitutional rights are protected. 🧵
In his July 10 order, Judge Walton said in the June hearing on the subject and his written order he has met the requirements of the Court of Appeals, and refused to give @DanielGoodwyn a stay in order to file an appeal. 🧵
Former #OathKeepers general counsel Kellye SoRelle takes a plea bargain and will appear in Washington D.C. on July 17 to enter a guilty plea, a July 8 court filing revealed. 🧵
SoRelle was indicted in August 2022, shortly before the start of the first #OathKeepers trial in which she had been expected to testify. 🧵 archive.today/mp5he
SoRelle was indicted on four charges, two of which—obstruction of an official proceeding and conspiracy to commit obstruction—were dealt a serious blow by the Supreme Court in its Fischer v. United States ruling. 🧵
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…
Defendant Tara Stottlemyer through attorney William Shipley @shipwreckedcrew filed a motion to compel the DOJ to provide #Jan6 grand jury testimony showing she impaired "records, documents, objects" or "other things" used in an official proceeding. 🧵 storage.courtlistener.com/recap/gov.usco…
Shipley has already filed to vacate Stottlemyer's felony conviction on 18 U.S. Code §1512(c)(2) based on the Supreme Court ruling in Fischer v. United States. 🧵
The new filing demands the government provide evidence that a grand jury was shown allegations about Stottlemyer somehow impairing documents or records related to the #Jan6 session of Congress—as now required by the SCOTUS ruling. 🧵