# 7 Jan 2021 and beyond - the aftermath of the storming of the Capitol **URL:** \ **Category:** Politics & Elections\ **Created:** [January 8, 2021, 10:28am UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020 "2021-01-08T10:28:28Z")\ **Posts on this page:** 20\ **Page:** 205
**Author:** ![rocking\_chair](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rocking_chair/32/2918_2.png) [@rocking\_chair](https://boards.straightdope.com/u/rocking_chair)\ **Post date:** [April 4, 2023, 8:47pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/4091 "2023-04-04T20:47:40Z")
i was wondering if he changed his watch when he arrived in dc. the flurries of appeal briefs are incredible. makes warp speed look like turtle speed. ---
**Author:** ![Skywatcher](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skywatcher/32/254_2.png) [@Skywatcher](https://boards.straightdope.com/u/Skywatcher)\ **Post date:** [April 6, 2023, 9:06pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/4092 "2023-04-06T21:06:33Z")
> **[Former Infowars staffer gets three years of probation for storming Capitol on...](https://www.nbcnews.com/politics/politics-news/ex-infowars-staffer-gets-3-years-probation-storming-capitol-rcna78554)** > > Samuel Christopher Montoya, a video editor for Infowars at the time of the riot, recorded a lengthy video capturing his movements inside and outside the Capitol. > In an approximately 44-minute video that captured his movements outside and inside the Capitol, Montoya is seen describing himself to others as a “reporter” or “journalist,” and he captured footage of the death of [Ashli Babbitt](https://www.nbcnews.com/politics/donald-trump/trump-splits-ally-mccarthy-ashli-babbitt-shooting-jan-6-rcna69018), who was among the mob of rioters when she was shot fatally by police officers. > > In addition to three years of probation, Montoya was also ordered to pay a fine of $1,500 and $500 in restitution. > At one point, he turns the camera on himself and says, “It feels good to be in the Capitol, baby!” How do you feel now, baby? ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [April 7, 2023, 4:53pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/4093 "2023-04-07T16:53:10Z")
Three-judge panel of the DC Circuit Court holds that obstructing the electoral vote count infringes the federal statute, but split 2-1. Judge appointed by Biden gives the broadest reading to the offence, and a judge appointed by Trump gives a narrower reading, but concurs that the US gov’t’s appeal should be allowed because the conduct was caught by the statute. One judge appointed by Trump gives a much narrower reading, and dissents. > **[Breaking: DC Circuit Decides Case About "Obstruct\[ing\]" "Official...](https://electionlawblog.org/?p=135537)** > > A divided three-judge panel of the D.C. Circuit, siding with almost all of the district court decisions considering the question, has held that some of those who invaded the U.S. Capitol on January 6, 2021 could be charged under a … Continue reading... > **[gov.uscourts.cadc.38789.1208508143.0.pdf](https://storage.courtlistener.com/recap/gov.uscourts.cadc.38789/gov.uscourts.cadc.38789.1208508143.0.pdf)** > > 895.99 KB ---
**Author:** ![DavidNRockies](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/davidnrockies/32/6279_2.png) [@DavidNRockies](https://boards.straightdope.com/u/DavidNRockies)\ **Post date:** [April 7, 2023, 6:23pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/4094 "2023-04-07T18:23:56Z")
> Section 1505 outlaws obstructing congressional or federal administrative proceedings, a crime punishable by imprisonment not more than five years (not more than eight years if the offense involves domestic or international terrorism). The crime has three essential elements. First, there must be a proceeding pending before a department or agency of the United States. Second, the defendant must be aware of the pending proceeding. Third, the defendant must have intentionally endeavored corruptly to influence, obstruct or impede the pending proceeding. ETA: > Conspiracy to Obstruct to Defraud (18 U.S.C. 371): Section 371 contains both a general conspiracy prohibition and a specific obstruction conspiracy prohibition in the form of a conspiracy to defraud proscription. The elements of conspiracy to defraud the United States are: (1) an agreement of two more individuals; (2) to defraud the United States; and (3) an overt act by one of conspirators in furtherance of the scheme. The fraud covered by the statute reaches any conspiracy for the purpose of impairing, obstructing or defeating the lawful functions of any department of Government by deceit, craft or trickery, or at least by means that are dishonest. The scheme may be designed to deprive the United States of money or property, but it need not be so; a plot calculated to frustrate the functions of a governmental entity will suffice. IANAL, but neither am I seeing a _whole lot_ of ambiguity there. Maybe Nichols, the Trump appointee, could bring me up to speed. Maybe. ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [April 7, 2023, 7:10pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/4095 "2023-04-07T19:10:04Z")
Here’s more: > **[Federal appeals court upholds Justice Department's use of key obstruction law...](https://www.cnn.com/2023/04/07/politics/january-6-obstructing-congress/index.html)** > > The federal appeals court in Washington, DC, has upheld the Justice Department's use of a key criminal charge against hundreds of January 6 rioters, saying they can be charged with obstructing Congress. ---
**Author:** ![Pleonast](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pleonast/32/1183_2.png) [@Pleonast](https://boards.straightdope.com/u/Pleonast)\ **Post date:** [April 7, 2023, 7:56pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/4096 "2023-04-07T19:56:00Z")
> [@DavidNRockies](#): > > > Second, the defendant must be aware of the pending proceeding. Too stupid to be guilty? ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [April 7, 2023, 8:43pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/4097 "2023-04-07T20:43:53Z")
“So Congress is meeting in joint session today? Huh. News to me!” ---
**Author:** ![Roderick\_Femm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/roderick_femm/32/14875_2.png) [@Roderick\_Femm](https://boards.straightdope.com/u/Roderick_Femm)\ **Post date:** [April 10, 2023, 10:10pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/4098 "2023-04-10T22:10:10Z")
Pence has agreed not to appeal the ruling that he has to testify to a federal grand jury about what was said between himself and Trump leading up to January 6th. Trump is apparently [appealing the ruling](https://www.reuters.com/world/us/trump-appeals-order-requiring-pence-testify-jan-6-probe-media-2023-04-10/) himself. What standing does he have to do so? Or is standing not required in this instance? ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [April 11, 2023, 12:01am UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/4099 "2023-04-11T00:01:21Z")
Trump is apparently arguing that his conversations with Pence were covered by executive privilege Just like a mob boss discussing with his lawyer how to move on an opponent. ---
**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\ **Post date:** [April 11, 2023, 12:03am UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/4100 "2023-04-11T00:03:57Z")
> [@Roderick\_Femm](#): > > What standing does he have to do so? He has some limited standing to claim this as a former president. But SCOTUS has already ruled on this exact issue, not in his favor, so the anticipation is that they will reject this new claim quite quick. But a delay is a delay, non? ---
**Author:** ![Procrustus](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/procrustus/32/2994_2.png) [@Procrustus](https://boards.straightdope.com/u/Procrustus)\ **Post date:** [April 11, 2023, 12:10am UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/4101 "2023-04-11T00:10:12Z")
> [@Aspenglow](#): > > But a delay is a delay, non? No delay if no one stays it pending Trump’s request. ---
**Author:** ![Aspenglow](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aspenglow/32/76_2.png) [@Aspenglow](https://boards.straightdope.com/u/Aspenglow)\ **Post date:** [April 11, 2023, 12:17am UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/4102 "2023-04-11T00:17:43Z")
True. I should have said, the hope of a delay is hope. He doesn’t have much else at this point. ---
**Author:** ![rocking\_chair](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/rocking_chair/32/2918_2.png) [@rocking\_chair](https://boards.straightdope.com/u/rocking_chair)\ **Post date:** [April 11, 2023, 6:56pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/4103 "2023-04-11T18:56:24Z")
rioter (who was a fireman) who threw fire extinguisher was sentenced to 4 years. the rioter is now disgusted by his behaviour on that day. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [April 11, 2023, 7:13pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/4104 "2023-04-11T19:13:01Z")
Awww - that makes it all okay, then, right? ---
**Author:** ![Hypno-Toad](https://avatars.discourse-cdn.com/v4/letter/h/b2d939/32.png) [@Hypno-Toad](https://boards.straightdope.com/u/Hypno-Toad)\ **Post date:** [April 11, 2023, 7:26pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/4105 "2023-04-11T19:26:49Z")
In the absence of knowledge of my own, I’m will to concede that there are some who cringe at the memory of their behavior. I reserve the right to change my mind if I find new information to doubt their sincerity. ---
**Author:** ![DesertDog](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/desertdog/32/11503_2.png) [@DesertDog](https://boards.straightdope.com/u/DesertDog)\ **Post date:** [April 11, 2023, 7:34pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/4106 "2023-04-11T19:34:06Z")
So, when did you attempt to overthrow the government last? Rather beyond that time you partied hard instead of studying for that exam and had to take it while hungover. ---
**Author:** ![JohnT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/johnt/32/15048_2.png) [@JohnT](https://boards.straightdope.com/u/JohnT)\ **Post date:** [April 11, 2023, 7:47pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/4107 "2023-04-11T19:47:36Z")
> [@Hypno-Toad](#): > > In the absence of knowledge of my own, I’m will to concede that there are some who cringe at the memory of their behavior. I reserve the right to change my mind if I find new information to doubt their sincerity. This particular gentleman (Robert Sanford) did go to a Cult Deprogramming specialist to see how this happened to him. So, yes, I actually think the likelihood that he is sincere is pretty high: > **[Retired firefighter who hit officers with fire extinguisher to serve 4 years...](https://www.wusa9.com/article/news/national/capitol-riots/retired-firefighter-who-hit-officers-with-fire-extinguisher-to-serve-4-years-in-prison-robert-sanford-capitol-riot-january-6-boothwyn-pennsylvania/65-a2686505-4b45-4421-9a32-92fdab0b2958)** > > A federal judge said Robert Sanford, of Boothwyn, Pennsylvania, should have known "better than most" the danger of throwing a fire extinguisher. > [@](#): > > Notably, since his arrest, Stewart said, Sanford had begun treatment with an individual who specializes in cult deprogramming. > > “During this process, Mr. Sanford was confronted with facts about the ‘stolen election’ conspiracy theory among others and how psychological manipulation is used to indoctrinate the followers of a conspiracy,” Stewart wrote. “Mr. Sanford learned how mental health problems, whether diagnosed or not, cause isolation which, when paired with belief in a conspiracy, gradually cause more isolation. He learned how the websites he was relying on for news would use algorithms to facilitate his trip down the proverbial conspiracy rabbit hole with more and more extreme articles. Consequently, it becomes easier to dismiss ideas and facts that do not fit with one’s narrative.” ---
**Author:** ![Elendil\_s\_Heir](https://avatars.discourse-cdn.com/v4/letter/e/7cd45c/32.png) [@Elendil\_s\_Heir](https://boards.straightdope.com/u/Elendil_s_Heir)\ **Post date:** [April 11, 2023, 9:48pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/4108 "2023-04-11T21:48:54Z")
I hope it’s sincere and not just something done on advice of counsel. ---
**Author:** ![Guest-starring\_Id](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/guest-starring_id/32/21736_2.png) [@Guest-starring\_Id](https://boards.straightdope.com/u/Guest-starring_Id)\ **Post date:** [April 12, 2023, 6:11am UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/4109 "2023-04-12T06:11:29Z")
Heh, deprogramming = facts about the stolen election. The innovation boggles. ---
**Author:** ![Hamlet](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hamlet/32/2818_2.png) [@Hamlet](https://boards.straightdope.com/u/Hamlet)\ **Post date:** [April 13, 2023, 7:19pm UTC](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020/4110 "2023-04-13T19:19:31Z")
A Trumpist Capitol Policeman has been sentenced to 120 days (home confinement, of course, just look at him) and 2 years probation for texting a Facebook friend that he should delete his Facebook posts confessing his involvement. Dickbag officer then deleted the message when he learned the FBI were investigating him. > **[Ex-Capitol Police officer sentenced after sending 'stupid and reckless'...](https://www.nbcnews.com/news/amp/rcna79421)** > > Michael Riley was convicted of a felony count for deleting messages he sent to a Jan. 6 rioter after he learned that the rioter was speaking to the FBI. [Previous page](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020.md?page=204) [Next page](https://boards.straightdope.com/t/7-jan-2021-and-beyond-the-aftermath-of-the-storming-of-the-capitol/930020.md?page=206)