What happened: A federal appeals court in Washington, D.C. ruled that judges wrongly sentenced Donald Trump supporters who protested at the U.S. Capitol on Jan. 6, 2021.

  • The argument: Judges handed out dozens of sentencing enhancements to Jan. 6 protesters for supposedly disrupting “the administration of justice,” referring to Congress’s certification of the 2020 election.

Not convinced: The appeals panel decided unanimously that the Jan. 6 proceedings had nothing to do with “the administration of justice.” The ruling, issued by three Democrat appointees, paves the way for numerous defendants to challenge their sentences.

Why it matters: The court’s opinion underscores the justice system’s response to the Capitol “insurrection” as unusual. Prosecutors and judges punish conservatives with unique standards that defense lawyers have collectively labeled “Jan. 6 jurisprudence.”

  • Reminder: Nonviolent offenses were portrayed as acts of “domestic terrorism” in Jan. 6 cases. Courts used terrorism sentencing enhancements on protesters who never entered the Capitol. One of these cases earned longer jail time than a case of armed sexual abuse in D.C.

  • What’s next: The Justice Department repurposed a federal law to charge Trump and hundreds of protesters with “obstruction of an official proceeding” based on unprecedented legal reasoning. By June, the Supreme Court is expected to decide a case which challenges this tactic.

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Kate Devaney1 year ago

It is unbelievable that there is no mechanism for Americans to immediately halt renegade action of the DoJ. The criminal behavior of the DoJ has proceeded undaunted for four years. If there is truly no constitutional avenue to address such abuse of power in a timely manner, Americans need to insist on access to such a mechanism. And Americans should not be denied the ability to hold those abusers accountable, most particularly, not by those who participated in the abuse, such as Biden, how is using perversive preemptive pardons to again rob Americans of their right to seek justice.