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The question isn’t what sentencing guidelines say. The question is what does the average person get. For example, certain protestors without authorization got into private areas for senators to protest Kavanaugh. Were those persons even arrested let alone stuck with 41 months? The context of these statutes do suggest some degree of violence.
Moreover the elements of the crime require that it be unauthorized. Yet here the defendant is thanking the police for letting them in and was escorted by 9 police officers when there was no one else around; these police officers even tried to unlock doors for him. This is at least a mitigating factor.
He should’ve gotten jail time but 3.5 years seems excessive given that other protestors probably received zero jail time and the context muddies the water.
I am not familiar with those specific people. Did they do so with the intent to disrupt an official proceeding? And, apparently 300 people were arrested at some point. Not sure if they are the ones you are referring to.
Where do you see that? The statute reads:
I think you might be thinking of another charge such as entering or remaining in a restricted building
Well, he did get the low end of the sentencing range. And, besides, the final offense level it calculated after mitigating and aggravating circumstances are added. Eg: According to the plea agreement, his agreed-upon offense level was reduced for acceptance of responsibility
You are missing the point. Sure, you can certainly make the case that Jacob Chansley’s actions were criminal if you look only at the bare letter of the law, and ignore context. The argument is, however, that there have been thousands of other people, hundreds in the specific example of Kavanaugh hearings, that also broke the bare letter of the law in roughly the same degree of egregiousness as Chansley, but none of whom even faced anything close to criminal trial, much less years in prison. The argument here is about malicious prosecution which is completely outside historical norms for the behavior.
Imagine, for example, that federal government found that some of these protesters are not US citizens, but permanent residents, and found that they are not carrying their green card, as required by law, and charged them with misdemeanor and put them for 30 days in jail. The letter of the law clearly allows that, but it would be completely outrageous, as this law is never enforced in any other circumstance, so it would be hard to see it as anything other than malicious political targeting.
Yes, I am familiar with the concept of selective prosecution (not malicious prosecution, which is a tort). But if you are going to claim that they "broke the bare letter of the law in roughly the same degree of egregiousness as Chansley," you should probably cite some evidence of what explicitly they did. Because it seems to me that attempting to prevent the peaceful transfer of power from the loser of an election to the winner is pretty egregious.
The bare letter of that particular law does not contain enhancements for “attempting to prevent the peaceful transfer of power from the loser of an election to the winner,” so I don’t see what that has to do with anything, much less whether the Kavanaugh protestors broke the letter of the law to the same degree.
?? I am not the one who raised the issue of "degree of egregiousness." Many laws can be violated in different ways, and although there is not a specific sentencing enhancement re attempting to prevent the peaceful transfer of power, there is no doubt that that is a relevant factor in sentencing. Sentences must individualized to the specific circumstances of the offense and of the offender, and:
Wisconsin v. Mitchell, 508 US 476, 485 (1993).
Moreover, obviously, "the consideration of the harm caused by the crime has been an important factor in the exercise of that [sentencing] discretion[.]" Payne v. Tennessee, 501 US 808, 820 (1991). And for attempts, that includes the harm that would have occurred, had the defendant been successful.
Yes, that is literally the whole complaint: either the exercise of prosecutorial discretion and subsequent punishment both fit the crime in this case, in which case they didn't in others (like the Kavanaugh disruption or the riots after Trump was elected), or they fit in those others and so didn't fit here.
Not only are there no enhancements for doing that, "the peaceful transfer of power," so a fortiori attempting to prevent it, is not a legally meaningful notion, because "the peaceful transfer of power" is a notion from political science, and AFAIK that notion and its analogues are found nowhere in American law. There are of course laws against sedition and whatnot, but a) those are not specific to transitions between administrations like "peaceful transfer of power" and b) Chansley wasn't charged with sedition, nor was it argued that he was attempting sedition.
The harm of disrupting an official proceeding? So, like, a few extra hours or maybe days of delay? Again, he wasn't being tried for "attempting to prevent the peaceful transfer of power" (which is not a statutorily defined crime), or for sedition, or anything of that sort. And if his sentence can be enhanced because prosecutors argue he merely intended or attempted (incredibly inefficaciously!) to do something which he wasn't even charged with attempting, then the same strictures should apply to the other examples that have been discussed in this thread.
The point is that they are: The strictures applied are the same ones that have been applied in thousands of prosecutions every year for many, many years. Those strictures might well be unjust, but the claim that this guy was subjected to special treatment is a claim devoid of evidence.
LOL, right. Because nothing in the Constitution nor federal law are meant to ensure that.
But we're not just talking about the prosecution itself, we're talking about the decision to prosecute at all and how he was charged.
OK, so what was Chansley attempting to do as part of his "disruption of official proceedings" that's defined in American law and was relevant to getting him a harsher sentence? Should be easy for you to find, given your response. If that thing was itself a crime, why wasn't he charged with attempting it too? If it wasn't, then why was it relevant to his sentence?
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