by Julie Kelly
As I noted yesterday, Elizabeth Prelogar totally misrepresented (lied?) how DOJ routinely handles sentencing requests for those convicted of 1512c2.
Under questioning from Kavanaugh about prison sentences, Prelogar tried to make it sound like 1512c2 defendants with other nonviolent offenses (common misdemeanors) only get about 24 months in jail.
She quickly mentioned the “Brock” case–referring to Larry Brock, a man from Texas convicted at bench trial of 1512c2 and 5 misdemeanors–and the “enhancement” recently overturned by DC appellate court in 1512c2 convictions.
So what did DOJ ask for in Brock case? Not 24-26 months as Prelogar attempted to mislead Kavanaugh into believing.
NO–DOJ asked for 60 months in prison.
This is far more representative of what DOJ has requested in similar cases. And yes it included the now unlawful enhancement but that was the enhancement DOJ ASKED FOR.
Judge Bates, who convicted Brock, sentenced him to 24 months using 1512c2 felony as basis for the two-year prison term. Fine–but that doesn’t erase how or in what manner DOJ asked for FIVE YEARS in prison.
Here is how DOJ got there…by using an “administration of justice” enhancement the appellate court last month concluded was unlawfully applied.
Prelogar forgot about that part:
Further–even after Brock’s victory at the appellate court–DOJ STILL OPPOSES HIS RELEASE FROM JAIL.
Brock, who has no criminal record and is a decorated military veteran, has been in federal prison since May 2023.
Why?
Because DOJ considers him a threat to society because he is exercising his 1A rights from jail.
Here is DC US Attorney Matthew Graves just last week
Now with that background, listen again to Prelogar’s response and you decide if she was being truthful…
Another Elizabeth Prelogar fact check.
Here is DOJ sentencing memo filed last week for 4 defendants who traveled together to DC for Jan 6. All were convicted by DC jury on 1512c2-related charges and other nonviolent offenses. No weapons, vandalism, or assault convictions. Two men didn’t even go inside the building.
Just about 3x+ what Prelogar claimed:
And just as I predicted after appellate court overturned the 1512c2 “administration of justice” enhancement, DOJ already found another way to boost prison time on 1512c2 convictions.
Federal sentencing guidance is inadequate because no one could have ever predicted something as horrific as what happened on Jan 6.
This is why the left wants to destroy the Supreme Court by packing it with leftists. Right now, only it has the power to stand in the way of the Democrat’s totalitarian police state agenda. The DoJ is fully controlled by the DNC doing its political bidding. Nothing can stop that but the USSC.