- Dec 28, 2011
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The SCOTUS should take these cases. The decision could free a lot of people. This has been a legal joke. Let's hope the SCOTUs is not amused.
The first case—Edward Jacob Lang, Petitioner v. United States—could impact hundreds of defendants accused of the most frequently charged Jan. 6 felony. Corruptly obstructing an official proceeding, which carries a potential 20-year prison term, has been charged in 317 cases, according to the latest DOJ tally.
Dozens of Jan. 6 defendants have already been convicted under the law, which has never been used in such a way since it was implemented in 2002 as a means to curb corporate financial fraud.
The second case involves the prosecution of a former Drug Enforcement Administration (DEA) agent for carrying his service pistol and credentials onto Capitol grounds on Jan. 6.
Mark Sami Ibrahim, 35, of Anaheim, Calif., faces three federal charges: entering and remaining in a restricted building or grounds with a deadly or dangerous weapon, carrying a firearm on Capitol grounds, and injuries to property for climbing on a statue at the edge of Capitol grounds.
Mr. Ibrahim comes from a military and law-enforcement family. Before joining the DEA, he served for years in U.S. Army intelligence. His brother is an Army veteran who became an FBI special agent. His sister is a U.S. Navy veteran, and his mother was at the Pentagon on Sept. 11, 2001.
Mr. Ibrahim's appeal argues that even though he was off-duty on Jan. 6, he was legally authorized by federal law to carry his service weapon on Capitol grounds. DEA regulations encourage agents to carry their weapons and credentials at all times, the appeals petition says.
"The prosecution of this case breaks faith with countless federal law enforcement officers who make themselves available around the clock, 24-7, and carry their agency-issued weapons per agency directives," the document states.
"Failure to address the question of the law’s exemption breeds uncertainty and shakes any remaining confidence of the public and the law enforcement officers in the application of the laws."
United States District Judge Timothy Kelly in March ruled against Ms. Medvin's motion to dismiss Count 3 of the indictment, which charged Mr. Ibrahim under 40 U.S. Code § 5104 for having a firearm on Capitol grounds.
The first case—Edward Jacob Lang, Petitioner v. United States—could impact hundreds of defendants accused of the most frequently charged Jan. 6 felony. Corruptly obstructing an official proceeding, which carries a potential 20-year prison term, has been charged in 317 cases, according to the latest DOJ tally.
Dozens of Jan. 6 defendants have already been convicted under the law, which has never been used in such a way since it was implemented in 2002 as a means to curb corporate financial fraud.
The second case involves the prosecution of a former Drug Enforcement Administration (DEA) agent for carrying his service pistol and credentials onto Capitol grounds on Jan. 6.
Mark Sami Ibrahim, 35, of Anaheim, Calif., faces three federal charges: entering and remaining in a restricted building or grounds with a deadly or dangerous weapon, carrying a firearm on Capitol grounds, and injuries to property for climbing on a statue at the edge of Capitol grounds.
Mr. Ibrahim comes from a military and law-enforcement family. Before joining the DEA, he served for years in U.S. Army intelligence. His brother is an Army veteran who became an FBI special agent. His sister is a U.S. Navy veteran, and his mother was at the Pentagon on Sept. 11, 2001.
Mr. Ibrahim's appeal argues that even though he was off-duty on Jan. 6, he was legally authorized by federal law to carry his service weapon on Capitol grounds. DEA regulations encourage agents to carry their weapons and credentials at all times, the appeals petition says.
"The prosecution of this case breaks faith with countless federal law enforcement officers who make themselves available around the clock, 24-7, and carry their agency-issued weapons per agency directives," the document states.
"Failure to address the question of the law’s exemption breeds uncertainty and shakes any remaining confidence of the public and the law enforcement officers in the application of the laws."
United States District Judge Timothy Kelly in March ruled against Ms. Medvin's motion to dismiss Count 3 of the indictment, which charged Mr. Ibrahim under 40 U.S. Code § 5104 for having a firearm on Capitol grounds.
First Two Jan. 6 Appeals Reach Supreme Court
Court to decide whether to accept appeals in two key cases that could impact hundreds of other Jan. 6 cases.
www.theepochtimes.com