Short of what was planned to sentence the US Marines for violating the US Capitol, a federal judge grapples with a significant legal issue that could affect the US Marines. multiple cases on January 6.
United States District Judge Randolph MossOne Barack Obama appointed person, has been set up to sentence Micajah Joel Jackson, 26, on Thursday. Jackson pleaded guilty in November to one count of marching, protesting or photographing a picnic in the Capitol building, a misdemeanor punishable by up to six months in prison and a maximum fine of $5,000.
Prosecutors have requested a sentence of 60 days in prison, followed by 36 months of probation, a so-called “separation sentence” that has presented an increasingly pressing legal issue for judges as the day more and more defendants on January 6 were convicted.
The government has argued that the federal probation statue made an inscription that could allow for split sentences for petty crimes. Instead, prosecutors argued that the judge could issue a sentence of intermittent solitary confinement as a condition of a longer probation sentence, a path some judges have chosen to take.
So far, though, the judges are divided on the legal matter, and Moss admits it’s a “difficult question,” saying he wants more time and additional summary information. from the parties before making a decision.
“This has become his trademark.”
On January 6, Jackson was seen inside the Capitol building, passing through Statuary Hall, joining the crowd in chants, and standing with the crowd outside the chambers of the House of Representatives. Though he did verbally confront police officers outside the building – taunting them with repeated shouts of “Oathers!” – he has not been charged with engaging in physical violence or destruction of property.
But according to prosecutors, Jackson after Jan. 6 actions are of serious concern.
“Mr. Jackson was the only one of the 6 defendants on January 1st regarding the sheer nature of his public exposure,” prosecutors said. Sean Murphy said, referring to Jackson’s numerous media interviews and online posts minimized what happened at the Capitol that day, when hundreds of Donald Trump Supporters formed a violent mob to bypass the police to invade the building and prevent Congress from certifying Joe Bidenwon the 2020 presidential election.
“The sheer volume of what the defendant has said and continues to say almost daily is absolutely overwhelming,” Murphy also said. “This has become his trademark. This became his foundation.”
Murphy said Jackson used January 6 “as a springboard to build a brand of ‘false flags’ conspiracy theories” and to emphasize that he was a “political prisoner and persecuted. “
Murphy said that Jackson’s actions, including giving an interview to a right-wing website he had reviewed the government’s sentencing transcripts, contradicted his expression of remorse in the letter he submitted to court. Jackson said he would “humbly accept whatever sentence the court decides is appropriate for my punishment.”
“Micajah Jackson has done nothing to back down or help heal,” Murphy said. “He insisted on getting his finger into the wound and continuing to rip it off.”
Jackson’s lawyer Maria Jacob says that the majority of Jackson’s comments are constitutionally protected speech and “have nothing to do with January 6 or his admission of responsibility.”
Murphy said that while Jackson’s comments may not be an actionable crime, a judge could consider them when delivering a sentence.
The sentencing hearing will continue on March 24.
[Images via FBI court filings.]
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https://lawandcrime.com/u-s-capitol-breach/unresolved-legal-issue-prompts-judge-to-interrupt-sentencing-of-former-marine-who-prosecutors-say-made-jan-6-his-brand/ Randolph Moss pauses Micajah Jackson Sentencing January 6