Hour 1
The so called, January 6 Insurrection is the sole topic of today’s broadcast.
Let’s examine the background, status, and sudden ray of hope many of the accused, convicted, and those who pleaded guilty may enjoy.
The Aftermath, Episode 2: Scattered to the Four Winds
Episode 2 deals specifically with the early phases of the criminal investigation launched by the FBI even as the perpetrators of the riot were heading home. Featuring former FBI and Justice Department official Chuck Rosenberg, New York Times reporter Katie Benner, and Seamus Hughes of the George Washington University Program on Extremism, it tells the story of how the investigation got started, the challenges investigators faced in a nationwide manhunt featuring thousands of suspects and perpetrators, and the internal struggle that had just taken place within the Justice Department itself.
https://www.lawfareblog.com/aftermath-episode-2-scattered-four-winds
Along the way, we also bore down into four specific, representative cases—designed to show the diversity of the conduct the department has prosecuted over the year since the insurrection took place.
Hour 2
The audio from hour 1 continues for approximately 15 minutes.
The Justice Department Faces a Setback in the Capitol Riot Cases
The stakes could not be higher. Section 1512(c)(2) is the top charge in most Capitol riot felony cases—that is, the one carrying the stiffest potential penalty. It’s also the sole charge that a number of celebrated Capitol riot defendants have already pleaded guilty to, including the so-called QAnon Shaman Jacob Chansley; Olympic swimmer Klete Keller; and four of the five the Oath Keepers who have agreed to cooperate against their erstwhile codefendants. Those Oath Keepers—Mark Grods, Jason Dolan, Graydon Young, and Caleb Berry—pleaded guilty to both 1512(c)(2) and conspiracy to violate that section, but the conspiracy charges could not stand if the underlying crime were to evaporate.
https://www.lawfareblog.com/justice-department-faces-setback-capitol-riot-cases
18 U.S. Code § 1512 – Tampering with a witness, victim, or an informant
(c) Whoever corruptly—
https://www.law.cornell.edu/uscode/text/18/1512
(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or
(2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,shall be fined under this title or imprisoned not more than 20 years, or both.
Begay v. United States, 553 U.S. 137 (2008)
The Armed Career Criminal Act (Act) imposes a special mandatory 15-year prison term upon a felon who unlawfully possesses a firearm and who has three or more prior convictions for committing certain drug crimes or “a violent felony.” 18 U. S. C. §924(e)(1). The Act defines “violent felony” as, inter alia, a crime punishable by more than one year’s imprisonment that “is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another.” §924(e)(2)(B)(ii) (hereinafter clause (ii)). After petitioner Begay pleaded guilty to felony possession of a firearm, his presentence report revealed he had 12 New Mexico convictions for driving under the influence of alcohol (DUI), which state law makes a felony (punishable by a prison term of more than one year) the fourth (or subsequent) time an individual commits it. Based on these convictions, the sentencing judge concluded that Begay had three or more “violent felony” convictions and, therefore, sentenced him to an enhanced 15-year sentence. The Tenth Circuit rejected Begay’s claim that DUI is not a “violent felony” under the Act.
https://supreme.justia.com/cases/federal/us/553/137/
Held: New Mexico’s felony DUI crime falls outside the scope of the Act’s clause (ii) “violent felony” definition. Pp. 3–10.
WOODEN v. UNITED STATES, 2022
The evidence in the Jan. 6 investigations is overwhelming — literally
Badalian, who was charged in November with conspiracy, obstruction of an official proceeding and aiding and abetting, and tampering with documents, is out of custody on bond. A third unnamed defendant fled the country, which is contributing to the delay, according to prosecutors.
https://www.latimes.com/politics/story/2022-03-11/hundreds-of-jan-6-defendants-wait-day-in-court-as-justice-department-processes-mountain-of-information
Internal investigation of domestic violent extremism reveals four sympathizers inside DHS
But the report also revealed that the government arm responsible for tracking terrorist threats to the homeland “has not adopted an authoritative definition of ‘domestic violent extremist’ that can be incorporated” into DHS policies and guidance.
https://www.cbsnews.com/news/domestic-violent-extremism-inside-department-of-homeland-security/