'Passive' J6 Protesters Can Be Convicted of 'Disorderly Conduct,' Appeals Court Rules

Chris Menahan
Jan. 06, 2024

"Disorderly conduct" can include passively and peacefully walking around the Capitol on Jan 6, according to the DC Circuit Court of Appeals.

From The Hill, "Jan. 6 rioters who were passive can be convicted of disorderly conduct, court rules":
Rioters who were passive during the Jan. 6, 2021 attack on the Capitol, can be convicted of disorderly conduct, a federal court ruled Friday.

The case focused on a rioter, Russell Alford, who received a year-long sentence for his "role" in the insurrection. He was attempting to challenge "the reasonableness of his sentence and the sufficiency of the evidence to support two of his convictions, both of which charged him with engaging in 'disorderly or disruptive conduct.'"
"The trial evidence indicated that, during Alford's brief time within the Capitol, he was neither violent nor destructive," D.C. Circuit Court of Appeals Judge Karen LeCraft Henderson wrote in a Friday filing. "Nevertheless, we affirm his convictions because a jury could rationally find that his unauthorized presence in the Capitol as part of an unruly mob contributed to the disruption of the Congress's electoral certification and jeopardized public safety."

The ruling came down a day before the third anniversary of the Capitol riot. Over 1,200 people have faced federal crime charges over the insurrection.

"[I]t is equally clear from caselaw that even passive, quiet and nonviolent conduct can be disorderly," the Friday filing read.
How funny is the term "rioters who were passive"?!

"Peaceful, non-violent rioters who walked through the Capitol and hurt no one, nor damaged any property..."

Really top notch journalism from The Hill!

This ruling was made by a panel of three female judges, Judith W. Rogers (Democrat), Karen L. Henderson (Republican) and Florence Y. Pan (Democrat).

Henderson said in their ruling that "the offense of disorderly conduct traditionally extends not only to acts that would constitute a breach of the peace at common law 'but also [to] conduct tending to corrupt morals, to endanger health or safety, or simply to annoy other members of the community.' "

The feds keep stretching old laws that are almost never enforced to jail Trump supporters for utter nonsense.

Politico reported in 2021 that the feds' decision to throw the book at J6ers and go easy on Antifa/BLM rioters could jeopardize all J6 convictions because it could be ruled to violate the Equal Protection Clause but the feds just went through with it anyways without a care in the world and no judge had the balls to stop them.

Riots were "the voice of the unheard" when BLM was burning down our cities and causing $2 billion in damages but the Capitol protests were an "insurrection" and a "seditious conspiracy" and every peaceful protester who passively walked through the Capitol needs to be jailed.

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