How'd Did We Get To A Place Where "Justice" Is Supposedly Served By A 14 Year Sentence For Aiming Pepper Spray At the Police?

That's Not A One-Off -- And That is the Problem

This is a subject that I have been circling for a quite a while, but my ability to comment directly is limited by my ethical obligations to not comment directly on the facts of a pending case I’m involved in, or to express personal opinions with regard to facts or outcome of such cases. Beyond that it is also just a good practice to not make extra-judicial comments about a particular client, their case, the facts of their case, or the actions of others involved in the case.

So much of what I write below are generalized observations not directly tied to any particular case. There are also comments about cases I was involved in that have been concluded in the District Court.

It wasn’t where I thought I would start this article, but I had an occasion to review the case of Matthew Perna the last few days. If you don’t know, Matthew was one of the earliest J6 defendants to reach a plea agreement with the Government.

The criminal complaint upon which Matthew was arrested charged him only with four misdemeanors. But the indictment later added the felony charge of “Obstructing Congress” which the attorneys now refer to simply as a “1512 Count.” It was common in the first round of indictments — say the first 9 months of 2021 — for the Government to charge a 1512 count and four misdemeanors (two “A” misdemeanors and two “B” misdemeanors). Adding that particular crime dramatically changes the stakes with regard to the possible outcome since a 1512 count carries a maximum sentence of up to 20 years.

Because it is a felony it also brings into play some more consequential guideline enhancements under the Sentencing Guidelines. The Guidelines are where the Judges look for guidance in determining what sentence to impose based on a variety of facts and factors in the case.

But the story of the outcome of 1512 cases, and the trajectory of sentencing in all January 6 related cases, doesn’t begin with what the Government tried to do in Matthew Perna’s case — the story begins with the sentencing in the very first felony case involving Paul Hodgkins.