Today, our firm filed an amicus brief in support of a petition for certiorari filed by a January 6 defendant. Our brief argued that, since the government claimed the election protest on January 6 was an insurrection, it should have charged many defendants with that crime, but instead it charged no one with insurrection, preferring use of a Sarbanes-Oxley provision (which does not apply) to get a more severe sentence. Our brief explained that the perspective of the court of appeals was tainted by a false narrative about the events of January 6. Finally, we argued that the Sarbanes-Oxley statute that was used unconstitutionally criminalizes First Amendment protected activity.
