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 September 14, 2023

Supreme Court could take on case over 'overcriminalization' of J6 prosecutions

Two Jan. 6 defendants are appealing to the Supreme Court to rule on their case, arguing that they are being overcharged for their role at the U.S. Capitol.

Edward Lang and Garrett Miller both face obstruction charges that they are asking justices to dismiss before their upcoming trial.

The situation

"The law under consideration is Section 1512(c)(2), which carries a maximum 20 year prison sentence for anyone who 'obstructs, influences, or impedes any official proceeding,'" the Daily Caller reported.

"Though the statute was passed to fight evidence tampering, government prosecutors have reasoned that Lang and Miller, along with many other Jan. 6 defendants, obstructed an official proceeding by attempting to disrupt Congress from certifying the election results," it added.

Garrett's other charges

Garret Miller, 36, of Richardson, Texas, was sentenced in the District of Columbia to 38 months in prison on charges of assaulting a police officer," along with other charges, according to the Department of Justice.

"Miller pleaded guilty to those charges in December of 2022," according to the report, but his obstruction charge is being argued separately and could add more time to his sentencing.

His previous sentencing

"Miller's defense lawyer had asked for a sentence of 30 months, which would essentially be time served, because he has been locked up since his arrest in late January 2021," NBC News reported.

"The feds said the higher sentence was warranted, in part because of his threat to Ocasio-Cortez, D-N.Y," it continued.

He pleaded guilty to the 11 counts in the case, but is seeking to have the remaining charge dismissed.

The Supreme Court could weigh in, offering hope for the remaining Jan. 6 cases. Approximately 1,100 people have been arrested over the Capitol riots. The cases also include former President Donald Trump's recent Washington charges claiming that he is responsible for the actions of Jan. 6.

The plea to the nation's highest court is not surprising, but it will be unexpected to see the Supreme Court rule for leniency at this point after hundreds of people have been sentenced for crimes related to the events of Jan. 6.

Written By:
Dillon Burroughs

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