ONLY ONE #J6 defendant received a punishment that severe— #ProudBoys ldr #EnriqueTarrio, who was ALSO convicted of a #SeditiousConspiracy to keep #Trump in power. He was sentenced to 22yrs in prison. The avg sentence for a rioter w/no criminal history & convicted of no felonies other than obstruction is ~2yrs.
#SCOTUS is hearing a challenge today to a federal #law prosecutors used to charge >350 people who attacked the Capitol on #Jan6.
>100 have been convicted & sentenced under the statute for obstructing or impeding an ofcl proceeding—the joint session that convened to confirm Biden’s victory.
The case could impact #Trump’s federal trial in DC for trying to remain in power, 2 charges he faces are based on the same #obstruction statute.
Justices #Alito & #Kavanaugh questioned the #DOJ’s use of the “obstruction of an official proceeding” charge, & whether Congress meant to turn illegal & disruptive protesting, a #misdemeanor punishable by only a year or less in prison, into a #felony that carries a potential 20-yr sentence.