Richard “Bigo” Barnett, one of the more infamous Jan. 6, 2021 rioters, said Thursday that the federal government does not plan to defend his obstruction conviction as he appeals his case, leaving him with seven instead of eight convictions to address.
“There can no longer be any doubt that his appeal is meritorious,” Assistant Federal Public Defender Courtney Millian wrote in a supplement to a previous motion seeking Barnett’s early release from prison.
Barnett, 64, of Gravette has appealed his case to the U.S. Circuit Court of Appeals for Washington, D.C., though Barnett’s argument that he qualifies for immediate release is being handled in U.S. District Court there.
In June, a divided U.S. Supreme Court ruled that the federal government had overstepped its authority when it used an obstruction law to charge an off-duty Pennsylvania police officer who joined in the Jan. 6, 2021, riot at the nation’s Capitol. Many of the rioters, including Barnett, were charged with the offense at issue, obstructing or impeding an official government proceeding.
Barnett, who is imprisoned in Seagoville, Texas, became notorious for a picture showing him with one foot propped on a desk in then-House Speaker Nancy Pelosi‘s office during the riots. Protesters were seeking to overturn the presidential election of Joe Biden over Donald Trump.
A federal prosecutor has opposed Barnett’s early release pending appeal, in part citing security concerns in an already tumultuous political climate as the November presidential elections near. The prosecution also said that “Barnett has not demonstrated that it is ‘likely’ he would be resentenced to a term of imprisonment less than the total of the time already served plus the expected duration of the appeal process.”
In Thursday’s court filing, though, defense attorney Millian wrote that a newly completed probationary report supports Barnett’s request for release in several ways. Still, she said Barnett disagrees with probation’s guidelines calculation.
The two-page report, including in Millian’s filing as an exhibit, says the “projected satisfaction date” for Barnett’s prison sentence, is now Sept. 30, 2026.
Millian argued that sentencing guidelines for Barnett’s misdemeanor theft conviction for stealing an envelope from Pelosi’s office “do not line up with the seriousness of that case.”
Barnett has said he took the envelope because he cut his hand and got blood on it. He said he left a quarter to pay for it. The envelope wasn’t Barnett’s only misdeed that day. He also, for example, carried a walking stick with a high-voltage stun gun attached to it inside the Capitol.
Millian contended that even if “probation has correctly calculated the Guidelines range, a downward departure or variance to time served is appropriate here.”
“Therefore, immediate release is appropriate,” she said.
