Richard “Bigo” Barnettone of the more notorious rioters of January 6, 2021, said Thursday that the federal government does not intend to defend his conviction for obstruction of justice on appeal, so he now faces seven convictions instead of eight.
“There can no longer be any doubt that his appeal is justified,” said the deputy federal defender Courtney Millian wrote in an addendum to an earlier motion for Barnett’s early release from prison.
Barnett, 64, of Gravette, has appealed his case to the U.S. Court of Appeals for Washington, D.C. But Barnett’s argument that he is eligible for immediate release will be heard in U.S. District Court there.
In June, a divided U.S. Supreme Court ruled that the federal government exceeded its authority when it used an obstruction of justice law to charge an off-duty Pennsylvania police officer who participated in the Capitol riots on Jan. 6, 2021. Many of the rioters, including Barnett, were charged with the offense in question, namely obstructing or impeding an official government proceeding.
Barnett, who is imprisoned in Seagoville, Texas, became notorious for a photo showing him with one foot on a desk in what was then the state Capitol. Nancy PelosiOffice during the unrest. The protesters wanted to stop the presidential election of Joe Biden above Donald Trump.
A federal prosecutor has opposed Barnett’s early release pending an appeal, citing safety concerns in an already turbulent political climate ahead of the November presidential election. The prosecutor also said, “Barnett has not demonstrated that it is ‘likely’ that he will be sentenced to a term less than the sum of the time already served plus the anticipated length of the appeal process.”
However, in Thursday’s court filing, defense attorney Millian wrote that a new probation report supports Barnett’s request for release on several counts. Still, she said Barnett disagrees with the probation guidelines calculation.
The two-page report, included as evidence in Millian’s file, states that the “expected date for completion” of Barnett’s prison sentence is now September 30, 2026.
Millian argued that the sentencing guidelines for Barnett’s conviction for petty theft – he stole an envelope from Pelosi’s office – “do not reflect the severity of this case.”
Barnett said he took the envelope because he had cut his hand and spilled blood on it. He said he left a quarter to pay for the envelope. The envelope was not Barnett’s only offense that day. For example, he also carried a walking stick with a stun gun attached to it in the Capitol.
Millian argued that even if “the parole board correctly calculated the guideline range, a downward deviation or modification of time already served is appropriate here.”
“Therefore, immediate release is appropriate,” she said.
