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Order prohibiting entry of defendant whose sentence was commuted on January 6 washington d.c., A legal expert says there could be constitutional challenges at the U.S. Capitol.
In a filing Friday, Judge Amit P. Mehta made clear that the order applies to “defendants Stewart Rhodes, Kelly Meggs, Ken Kenneth Harrelson, Jessica Watkins, Roberto Minuta, Edward Vallejo, David Moche David Moerchel and Joseph Hacket” whose sentences were commuted. Those who are pardoned are not bound by the order.
Oath Keepers founder Rhodes has previously appeared at the Capitol’s Longworth Tower office building. he is Found guilty of seditious conspiracy.
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The order states, “You may not knowingly enter the District of Columbia without the permission of the court.” It adds, “You may not knowingly enter the United States Capitol Building or the surrounding grounds known as Capitol Square.”
An order barring defendants whose sentences were commuted on Jan. 6 from entering Washington, D.C., and the U.S. Capitol could spark a constitutional challenge, a legal expert said. (Bill Clark/CQ-Roll Call, Inc via Getty Images)
The order takes effect at noon on Friday, the document said. Later in the day, the Justice Department filed a motion seeking to vacate the order.
“If a judge decided to ban Jim Biden, General Mark Milley or others from visiting the nation’s capital — even after receiving a last-minute, preemptive pardon from the former president — I believe most Americans would object. In our statement Acting U.S. Attorney Edward Martin of the individuals named said in a statement that motions had been made to reduce their sentences – at the end of their sentences.
“This is a very unusual order,” Fox News Media contributor Jonathan Turley, the Shapiro Professor of Public Interest Law at George Washington University, told Fox News Digital. “The facts that the judge relied on were the reduced sentence. , but the defendant did not receive a full pardon.”
Ron Coleman, an attorney with Dhillon Law Group, called the order “novel.”
Oath Keepers founder Stuart Rhodes was found guilty of seditious conspiracy. (AP Photo/Susan Walsh, File)
“It is unclear what basis the court has for exercising jurisdiction over people pardoned for convictions that may have been the basis for the order, nor what the legal basis is for making Washington, D.C., a national capital like Moscow in the old Soviet Union. , citizens need a permit to enter,” Coleman said.
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Turley said that while new orders may “prove to be a factor” president donald trump Granting full pardons to those whose sentences were commuted, “it’s unclear whether the order would prompt Trump to reconsider his decision to offer only commutations.”
Turley noted that the order could increase constitutional challengeincluding First Amendment implications.
During his inaugural parade, Trump promised to pardon nearly all of the January 6 defendants. (Reuters/Carlos Barria)
“I think the court effectively prohibits these people from contacting government officials or petitioning without the court’s prior approval,” Turley said. “That could raise issues under the First Amendment.
“I expect that will be challenged by these people.”
During his inaugural parade, Trump promised to pardon nearly all of the January 6 defendants.
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Trump signed on Monday Released more than 1,500 people accused of crimes The attack on the U.S. Capitol on January 6, 2021. The order requires the federal Bureau of Prisons to take immediate action upon receipt of a pardon.
Among those pardoned under his original order were former Proud Boys chairman Enrique Tarrio, who was serving a 22-year prison sentence for seditious conspiracy.
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Fox News’ David Spunt, Diana Stancy and Jamie Joseph contributed to this report.
