Appeals court rules some Jan. 6 Capitol riot defendants improperly sentenced over 'interference'

A federal appeals court in Washington, D.C., has ruled that some criminal defendants who were charged in connection with the Capitol riot on January 6, 2021, had their sentences improperly increased.

The U.S. Court of Appeals for the D.C. Circuit ruled Friday that defendant Larry Brock’s sentence improperly included charges of "interference with the administration of justice." According to Circuit Judge Millett, who wrote the court’s opinion, interference with Congress’ certification of the electoral votes in the 2020 presidential election does not apply to a sentence enhancement.

"Brock challenges both the district court’s interpretation of Section 1512(c)(2)’s elements and the sufficiency of the evidence to support that conviction. He also challenges the district court’s application of the three-level sentencing enhancement for interfering with the ‘administration of justice.’"

The appeals court affirmed Brock’s conviction but disagreed on the sentencing, saying: "As for Brock’s sentence, we hold that the ‘administration of justice’ enhancement does not apply to interference with the legislative process of certifying electoral votes."

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Scene from the Jan. 6 2021 Capitol riot. (AP Photo/Jose Luis Magana, File)

Other aspects of Larry Brock’s conviction were upheld but the appeals court said it would "vacate Brock’s sentence" and remanded the district court to resentence the single "interference" charge.

Other January 6 defendants received longer sentences because of the same charge, which could throw their respective sentences into question.

"Larry Brock participated in the violent January 6th riot at the United States Capitol that forced the evacuation of members of Congress and their staff and prevented Congress’s certification of the 2020 presidential election until the next day. After a bench trial, the court convicted Brock of six crimes, including corruptly obstructing Congress’s certification of the electoral count under 18 U.S.C. § 1512(c)(2)," Judge Millet wrote. "At sentencing, the district court applied a three level sentencing enhancement to Brock’s Section 1512(c)(2) conviction on the ground that Brock’s conduct resulted in ‘substantial interference with the administration of justice.’"

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Brock was initially arrested and charged on January 6, 2021, on just two charges: knowingly entering or remaining in any restricted building or grounds without lawful authority, and violent entry and disorderly conduct on Capitol grounds.

A U.S. Capitol police officer stands by his car outside the Russell Senate Office Building in Washington, D.C., on August 2, 2023, after unconfirmed reports of an active shooter in the building near the US Capitol.  (SAUL LOEB/AFP via Getty Images)

The "interference" charge was added at a later date.

According to the U.S. Attorney's Office, D.C., Brock was charged after he attended then-President Trump’s "Stop the Steal Rally" on the morning of January 6th.

He then marched with others to the U.S. Capitol, entering the building at approximately 2:24 p.m.

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"When he arrived, Brock ascended the Upper West Terrace and entered the building through the door to the Senate Wing. After exiting, he attempted to open a set of secured doors marked ‘U.S. Senate’ with an unidentified set of keys," the attorney’s office said in 2021.

The U.S. Capitol Rotunda stands empty in Washington, D.C. (Alex Wroblewski/Bloomberg via Getty Images)

It continued: "Brock ultimately reached the Senate floor, where he spent approximately eight minutes walking around and looking at paperwork on desks. During this time, Brock told others not to sit in the Vice President’s chair or to be disrespectful, explaining that the rioters could not afford to ‘lose the IO war.’"

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Brock left the Capitol at 3:02 p.m.

"On his way out, he deescalated an altercation between another rioter and Capitol Police officers and guided the rioter out of the Capitol. In total, Brock spent approximately 38 minutes inside the building," the attorney’s office said.