A judge's decision to reject a so-called 'terrorism enhancement' in the sentencing of Jan. 6 defendant Guy Reffitt could impact prosecutions moving forward, experts say.
August 01, 2022, 9:28 PMIn this Aug. 30, 2016, file photo, activist Jessica Reznicek talks with Lee County Sheriff's Deputy Steve Sproul while conducting a personal occupation and protesting the Bakken pipeline, at a pipeline construction site, along the Mississippi River Road near Keokuk, Iowa.A 49-year-old Texas man was sentenced by a judge to more thanMonday for his role in the Capitol attack, the harshest sentence yet for a Jan.
Prosecutors had sought a 15-year prison term for Reffitt, predicated on the use of an increasingly rare legal tool called the "terrorism enhancement," which empowers judges to issue sentences above the federal guidelines for certain crimes. Federal sentencing guidelines in Reffitt's case called for a prison sentence between nine and 11 years.
On Monday, Friedrich brushed aside the government's motion for a terrorism enhancement, citing other Jan.6-related defendants whose conduct appeared to be more serious than Reffitt's -- and for whom the Justice Department chose not to pursue the terrorism enhancement. "In the court of common sense, individuals who went into the Capitol to engage in destructive behavior and disrupt a lawful government proceeding may have, by definition, committed an act terrorism," said John Cohen, a former Homeland Security official who is now an ABC News contributor. "But the challenge for prosecutors is to prove that a defendant has met the specific legal elements of a terrorism offense.
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