The U.S. Supreme Court may be asked to review cases concerning multiple defendants of the January 6 riot who have been convicted and sentenced with what they deem as unduly long sentences.

According to a report from the Daily Caller on Wednesday, Edward Lang and Garrett Miller, both indicted for entering the Capitol on that day, have submitted petitions for the Supreme Court to dismiss an obstruction charge against them prior to their trials.

Prosecutors have been accused of stretching Section 1512(c)(2) of an unrelated statute, potentially over-penalizing individuals involved in the January 6th riots. If the Supreme Court chooses to hear their case, it could have far-reaching impacts on various defendants charged under the same law.

This statute imposes a maximum prison sentence of 20 years for obstructing, influencing, or impeding any official proceeding. While this was originally created to combat evidence tampering, prosecutors have argued that Lang and Miller attempted to disrupt Congress’ certification of election results by committing said offenses.

On August 30th, three defendants with cases pending in the U.S. District Court for the District of Columbia filed an amicus brief requesting that the Supreme Court take up their case to avoid “the propagation of erroneous interpretations and applications of law, as well as unjustified detriment to defendants and public trust in courts.”

Over 200 individuals have been charged under this statute.

“A short walk from the building in which this Court sits, ‘a revolution is underway, with ambitious federal prosecutors reworking the penal code to make it do work never intended to be done, work that threatens to chill, and does chill, ordinary Americans in their First Amendment rights to assemble, to petition for the redress of grievances and to speak out on matters of public concern,” Lang’s petition noted, calling the application of Section 1512(c)(2) “overcriminalization of otherwise criminal conduct.”

In February, Miller was sentenced to 38 months in prison for various offenses, including assaulting a police officer and unlawfully entering a restricted building, according to the Department of Justice. Despite this, the government is still pursuing a trial against him on an obstruction charge. As pre-trial detainee, Lang has been incarcerated while awaiting his trial; his petition was filed on July 7th and Miller’s on July 28th as reported by the Daily Caller.

On Monday, former President Donald Trump submitted a motion to have U.S. District Judge Tanya Chutkan recuse herself from his trial regarding the events of January 6th. His legal team cited several instances where they believed she demonstrated bias against him, even implying that he should be incarcerated for the riot which occurred on that day. The filing pointed out numerous public statements made by Judge Chutkan in cases involving individuals present at the Capitol building on January 6th, noting her known propensity for enforcing some of the harshest sentences upon those convicted of obstructing an official proceeding – a crime usually punishable only with fines.

“Judge Chutkan has, in connection with other cases, suggested that President Trump should be prosecuted and imprisoned. Such statements, made before this case began and without due process, are inherently disqualifying,” reads the filing.

“Although Judge Chutkan may genuinely intend to give President Trump a fair trial—and may believe that she can do so—her public statements unavoidably taint these proceedings, regardless of the outcome,” the filing continued.

“The public will reasonably and understandably question whether Judge Chutkan arrived at all of her decisions in this matter impartially, or in fulfillment of her prior negative statements regarding President Trump,” it added.

ICYMI: BOMBSHELL! Police Report Proves J6 Was a Setup for Entrapment

Doug Goldsmith

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24 comments

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  • None of them are guilty . The SCOTUS knows this. The guilty ones are the ones PROSECUTING!!!
    Need to HANG these unpatriotic prosecuters and so-called ELECTED.

  • What Nancy Pelosi and the Jan. 6th committee have done to some of the PROTESTORS is way overboard and beyond redemption. Nancy Pelosi set this whole protest in motion with her lies and lack of having the National Guard there to help.

    • You’re right, James. I’ll go even further…This was a premeditated plan she and her cronies concocted, all because of their hate for Trump and what he stood for.

      • Yep. She even had her daughter there “Filming” the entire event, before, during and after. Sounds like pre-planning to me.

  • These loons who have stated that the Jan 6 mess was worse than 9/11, are the worst of political hacks. Many of these people who were arrested should never been and they face a myriad of nonsensical charges designed to take the steam out of the anti Biden crowd. I never thought that our country would go the route of Hitler and Mussolini but tks to the current administration, we have sunk to new lows. I listened carefully to Trump’s words over and over again, and the attempts at putting the blame on him for the happenings on that day, are imbecilic and a disgraceful attempt at putting blame on President Trump. No one is bringing up the fact that he called Pelosi and recommended that National Guard or other, be brought to the Capitol to ensure the safety of all. However, the old hag made the decision not to do so and to let the game play out. Hell will welcome her and probably put her in a power position when she passes!!

  • you keep saying j 6th Riots, but it’s not a riot . it’s a set up by Pelosi and the democrats. time to call it what it is and put the real guilty party’s in jail. it’s not like we don’t know who they are. instead they put trumps people in jail .

  • The Jan 6 prisoners are treated unfair with the fact that none of them have had a trial date as of yet. Not to mention the fact that their are other cases that are far worse than what these people did and have gotten no jail time or a very light sentence for the crimes they did. Such as Antifa, BLM matters and others. It is time to set these people free due to the fact they already spent 2 years in prison and in un-healthy conditions to say the least. Without a trial or anything. Time to use common sense and allow these people to go home to there familys.

  • Any court especially the Supposed Supreme Court if it was worth its salt, would Pardon all of them.
    What a disgrace to even imagine. Not just sentencing them to lesser time, but pardoning these people who did NOTHING but protest under the conditions provided by Nancy Pelosi and Company. ANTIFA & BLM tore the Country apart and they got paid to do it.
    The PUKEs who set them up, and imprisoned them for years with no Representation need to be Hung as Traitors. These Oligarcys formed a Coup to imprison these people and made them less than Rats and insects, Imagine they treated the Citizens of the USA, Patriots of the Country and those who support the Constitution less than the Illegals swarming the country because the admin wants them to replace all of us

    • PatriotForever – While I agree with you for the most part, it would be sexist to judge only the males for how well “hung” they might be. What of PeLoser and her ilk of female persuasion? In binary gender terms, they can’t be “hung,” so the question then arises, what punishment is suitable for both sexes found guilty? I suggest that ALL be HANGED for their criminal collusion. Build the scaffolds during their mass trial, so that punishment may be carried out swiftly and absent unnecessary delay.

      De Oppresso Liber

  • If the Supreme Court won’t stand up and be the adult in the room and stop these politically motivated persecutions then that will be the future of our country’s justice system.

  • The Supreme Curt should have step up to the plate anout the corrupt democrat/RINOD and their tools the medias and post office throughout voter frauds and made them accountable the guilty as in demorat/RINOS !

  • It would be absolute justice if the SCOTUS slapped down Chutkan because of her obvious bias. Even better if they removed her as a judge altogether for not recusing herself in light of her prior statements.

  • The SCOTUS better stand firm on that subject and have the J6 prisoners released.
    Hell, the Communist Democrats illegally put them in prison without Due Process and without Attorney representation.
    Show the Demon worshipping Communist Bastards that your not afraid of their threats to impeach Justices Alito and Thomas.
    Rule against their wicked Scheme and intervene on President Trump’s bullshit, shame of the illegal charges that they themselves have committed.
    FJB and all Communist Democrat voters that helped in the destruction of America.

  • Since several rights have been stripped of the Jan 6 accused the Supreme Court should hear this case. All most all the first 10 Amendments have been denied. Are we a third world country were laws can be made up, misused, or ignored because of a person’s politics?

  • Those CHARGED are INNOCENT it is Nutsy Pelousy who is GUILTY along with her TERRORIST PALS of BLM and ANTIFA. Nutsy allowed everything that happened that day. ANTIFA and BLM THIGS broke the doors and windows out from inside Building. Closure of Building was UNCONSTITUTIONAL . Capital Police LIED about when they got there as well as Who shoot Babbit. Nutsy is the REAL CRIMINAL in all these cases.

  • They should Not have any jail time it was Not them and sorry those buildings belong to the people this government has no right to stop peaceful people going in exploring what this government take are tax dollars for yea some got a little cared away that should have been fines, probation the ones that need jail time is the murder he got nothing for kill a veteran unarmed woman veteran, and pelosi schumer schiff for sneaky in paid leftist and fbi agents that caused the problem and it has been proven so the right thing to do is nothing but let them go because it was illegal all the way, get the real trouble makers named above, and others behind the scenes hiding their involvement obama, soros, gates, bloomberg, other politicians, and they need to be able to sue for this illegally targeted people

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