Apparently numerous (hundreds?) of those charged (and convicted) in the January 6 insurrection riot had hopes an appeal of former Rocky Mount, Virginia police officer Thomas Robertson would overturn his conviction. In a 2-1 ruling a panel of the DC Court of Appeals denied his request to overturn his conviction according to an article in Law & Crime.
The jury agreed that Robertson had engaged in his own “self described” “counterinsurgency” when convicting him on six counts, including five felonies. One of them was Obstruction of an Official Proceeding and the issue on which Robertson (and it seems many others) hung on a word in 18 USC § 1512 (c) the statute used was the issue.
Specifically, Robertson had pointed to the use of the term “corruptly” in the statute when he sought to overturn the verdict. He argued that he did not storm the Capitol out of ill intent or maliciousness to target Congress and delay proceedings. Instead, he premised his appeal on the notion that he genuinely believed the 2020 election was “stolen” and felt he had a right to stalk the halls of the Capitol to express himself.
In its 80 page opinion the appeals court held that the former cop’s attempt to limit the use of the word “corruptly” to his preferred singular meaning “wholly unconvincing.” Judge Florence Pan’s opinion said Robertson’s argument had no support in the statute and that it was contrary to precedent. Ouch.
Robertson declared an intention to join a “counterinsurgency” and planned to engage in “open armed rebellion,” the judge noted, rolling through Robertson’s conduct at the Capitol.
In case anyone’s forgotten there’s a long list of these asshats who bragged to others, often via social media before and after their crimes. In some case they sent messages/post during the actual riot! That makes it rather more difficult to plead later on they got swept up in the moment. The decision does note it’s likely the matter will wind up at SCOTUS so there is still I suppose some hope for those relying on the “Gee, I wasn’t there to stop Congress from it’s Constitutionally mandated task of counting Electoral Votes and making the election of Joe Biden ‘official’ – I was just protesting.” However, I’m not so sure SCOTUS will want to get involved in all this. At least not yet. Still, since the time will come when Trump himself makes a similar appeal it might fell compelled to at least hear the case. It only takes four Justices to vote to “Grant Cert” (hear a case) and with this SCOTUS who knows?
I know unlike me many people don’t enjoy digging into the weeds of legal stuff but I urge you to take the time and read the linked article. Trump’s case is going to happen next year and this issue will eventually come up. You might as well familiarize yourself with it now. In the meantime, a lot of people who were counting on their convictions being overturned had a bad day. I for one don’t feel the least bit sorry for them.
Oh, for the record the CONVICT in this case, the (thankfully) former cop Robertson is still a convict, sentenced to 87 months (over seven years) in prison. Where he effing belongs!
‘Genuinely believing’ something will never absolve anyone of any crime. At best, it’s a mitigating factor explaining guilt but not excusing it.
Courts of law deal with facts and reality, not beliefs. Colliding with reality is the only cure for MAGA.
I believe my bank I owes me 100K. I’m going to get my money by hook or crook.
I believe Beyonce wants me. I’m going to see her ASAP.
I believe that new BMW down the street should belong to me. I’ll go see about driving it tomorrow.
I believe I can fly. In my new BMW, with Beyoncé in the passenger seat, and my new cash, I’m driving to the Grand Canyon to show my love I can fly from one side to the other.
This belief thing is really fun!!!!!
“Instead, he premised his appeal on the notion that he genuinely believed the 2020 election was “stolen” and felt he had a right to stalk the halls of the Capitol to express himself.”
Well, I certainly hope anyone who this asshat might have arrested for “stalking” files an appeal (no matter the validity of the arrest), given the moron’s own belief that HE had a right to “stalk the halls of Congress to express himself.”