The department has increasingly taken the position that criminal behavior discovered during an investigation stemming from a suspect’s role in the Capitol attack is in fact related to Jan. 6.
Four years ago, when F.B.I. agents searched the Florida home of Jeremy Brown, a former Special Forces soldier, in connection with his role in the attack on the Capitol on Jan. 6, 2021, they found several illegal items: an unregistered assault rifle, two live fragmentation grenades and a classified “trip report” that Mr. Brown wrote while he was in the Army.
Mr. Brown was ultimately tried in Tampa on charges of illegally possessing the weapons and the classified material. And after he was convicted, he was sentenced to more than seven years in prison — even before his Jan. 6 indictment had a chance to go in front of a jury.
On Tuesday, however, federal prosecutors abruptly declared that because the second case was related to Jan. 6, it was covered by the sprawling clemency proclamation that President Trump issued on his first day in office to all of the nearly 1,600 people charged in connection with the Capitol attack.
And if a judge eventually agrees with that assessment, it could mean that Mr. Brown — whose Jan. 6 charges were already wiped out by the presidential pardon — will get to go free on his other case as well.
The Justice Department’s position with regard to Mr. Brown is not the first time it has said in recent days that separate criminal cases emerging from the investigation of Jan. 6 — especially those involving weapons discovered during searches — should be covered by Mr. Trump’s sweeping reprieves.
Ed Martin, the acting U.S. attorney in Washington, advanced that view on Tuesday in the case of another pardoned Jan. 6 defendant, Daniel Edwin Wilson.
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Source: Elections - nytimes.com