{"id":1820489,"date":"2023-01-23T13:05:26","date_gmt":"2023-01-23T18:05:26","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1820489"},"modified":"2023-01-23T13:09:48","modified_gmt":"2023-01-23T18:09:48","slug":"jury-finds-man-who-put-feet-on-pelosis-desk-on-jan-6-guilty-on-all-counts","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/jury-finds-man-who-put-feet-on-pelosis-desk-on-jan-6-guilty-on-all-counts\/","title":{"rendered":"Jury Finds Man Who Put Feet on Pelosi&#8217;s Desk on Jan 6 Guilty on All Counts"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"float:left\"><div class=\"counts mashsbcount\">32<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Fjury-finds-man-who-put-feet-on-pelosis-desk-on-jan-6-guilty-on-all-counts%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=1820489&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47-->\n<p>Richard was located by a jury from the federal District of Columbia in under two hours \u201cBigo\u201d Barnett guilty of four felonies and four misdemeanors for his time in the U.S. Capitol on Jan. 6, 2021\u2014including the now-famous photograph with his feet on a desk in the office of Speaker Nancy Pelosi.<\/p>\n<p>The Jury resumed deliberations at 9 a.m. ET. After brief deliberations on Jan. 20, the jury resumed deliberations on Jan. 23. Christopher Cooper, U.S. District Court Judge, was informed by the jury that they had reached verdicts on all of the charges at approximately 10:30 AM.<\/p>\n<p>Barnett, aged 62, was convicted in Arkansas of obstruction of an official proceeding and civil disorder. He also received a conviction for entering and remaining on restricted grounds or buildings with a deadly weapon or disruptive conduct, entering certain rooms of the Capitol Building, disorderly behavior in a Capitol Building, parading, demonstration or picketing inside a Capitol Building, and theft government property.<\/p>\n<p>This was the latest in a string of lightning-quick verdicts by District of Columbia juries in Jan.6 cases. A D.C. jury has acquitted no Jan. 6 defendant. Few acquittals occurred during bench trials.<\/p>\n<p>Every D.C. federal judge that has ever heard them have rejected numerous motions for a change in venue in Jan.6 cases.<\/p>\n<p>Barnett is expected in appeal<\/p>\n<p>Cooper rejected the motion of defense attorneys Jan. 20, to declare a mistrial. Cooper was charged with obstruction of a proceeding that is not occurring because Congress does not have a role under the law. \u201ccertify\u201d The results of a presidential vote.<\/p>\n<h2>\u2018Non-Existent Proceeding\u2019<\/h2>\n<p>In a filing with Judge Cooper, Barnett\u2019s lawyers argued that federal prosecutors misled the jury about how the Twelfth Amendment to the U.S. Constitution and Chapter 3 of U.S. Code apply to the case against Barnett.<\/p>\n<p>\u201cThe indictment charged, and the government prosecuted, obstruction of a non-existent proceeding,\u201d The motion was approved. \u201cNo crime can have occurred.\u201d<\/p>\n<p>Barnett was indicted on Dec. 22, 2022 by the prosecutors for obstruction. \u201cCongress\u2019s certification of the Electoral College vote as set out in the Twelfth Amendment of the Constitution of the United States and 3 U.S.C. \u00a7\u00a7 15-18.\u201d<\/p>\n<p>The motion for mistrial says neither the Constitution nor applicable federal law mentions certification as part of Congress\u2019s role.<\/p>\n<p>\u201c\u2026All Congress does is watch the vice president open certificates and tally the vote \u2014 where states already certified the vote count,\u201d The motion was approved. \u201cThere may be an objection and debate, where unless both House and Senate agree on the objection, the votes are counted. There is no written or oral certification by Congress as part of the law.\u201d<\/p>\n<p>According to trial testimony Barnett entered Capitol at 2.43 p.m. Jan. 6. A crowd surged through the huge Columbus Doors on the east.<\/p>\n<p>Barnett stated that he did not intend to go inside the Capitol, but was forced in by crowd momentum. As members were being evacuated, both houses of Congress had already halted work.<\/p>\n<figure id=\"attachment_4322906\" class=\"wp-caption aligncenter\"><a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2023\/01\/Barnett_Letter-1200x800-1.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"lazy wp-image-4322906 size-large\" src=\"https:\/\/www.theepochtimes.com\/assets\/themes\/eet\/images\/white.png\" data-src=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2023\/01\/Barnett_Letter-1200x800-1.jpg\" alt=\"Epoch Times Photo\" width=\"640\" height=\"427\"   style=\"display:none\"><figcaption class=\"wp-caption-text\"><noscript><img loading=\"lazy\" decoding=\"async\" class=\"wp-image-4322906 size-large\" src=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2023\/01\/Barnett_Letter-1200x800-1.jpg\" alt=\"Epoch Times Photo\" width=\"640\" height=\"427\" \/><\/noscript><\/figcaption><\/a> Richard \u2018Bigo\u2019 Barnett holds up an envelope he took from House Speaker Nancy Pelosi\u2019s office on Jan. 6, 2021. Barnett said that he took the envelope from Nancy Pelosi&#8217;s office on Jan. 6, 2021 because he had blood from a cut finger. (U.S. Department of Justice\/Screenshot via The Epoch Times).<\/figure>\n<p>Barnett ended up in the House Speaker\u2019s office, where he leaned back in a chair and put his foot up on the desk belonging to Pelosi aide Emily Berret.<\/p>\n<p>He was willing to pose for journalists. He took an envelope from Berret\u2019s desk and got blood on it from a cut on his hand. He took the envelope and hid it, leading to a charge against him for theft of government property. He claimed that the quarter he left on the desk was to cover the cost of the envelope.<\/p>\n<p>On his way out of the Capitol, Barnett realized he left his U.S. flag in Pelosi\u2019s office and got into a verbal confrontation with a Capitol Police officer when he wanted to go retrieve it. Barnett&#8217;s language ranged from threatening the officer to bargaining. Barnett threatened the officer according to the prosecution, but the defense claimed it was only a temporary threat. \u201ctemper tantrum\u201d In which \u201che\u2019s behaving like an idiot, like a fool.\u201d<\/p>\n<p>The statute used to prosecute Barnett and many other Jan. 6 defendants for obstruction of Congress\u201418 U.S.C. \u00a7 1512(c)(2)\u2014is controversial. Two District of Columbia judges dismissed the same count, declaring that the law could not apply to Congress&#8217; deliberations. Other D.C. judges supported its use in Jan. 6 cases.<\/p>\n<p>The cases of dismissed obstruction-of-Congress charges were combined into one case before the U.S. Court of Appeals for the District of Columbia. The appeals case hearings were held in December 2022.<\/p>\n<p>Before the start of Barnett\u2019s trial, Judge Cooper denied a motion to dismiss the Section 1512(c)(2) obstruction charge, ruling that \u201ca count of electoral votes is the same as \u2018Congress\u2019s certification of the electoral vote count,\u2019\u201d The motion was approved.<\/p>\n<p>In citing a U.S. Court of Appeals decision for the Ninth Circuit, this motion stated that the statute&#8217;s plain language was shown. \u201can offense under \u00a7 1512(c) does not prohibit the obstruction of every governmental function; it only prohibits the obstruction of proceedings such as a hearing that takes place before a tribunal.\u201d<\/p>\n<p>Barnett\u2019s attorneys said Judge Cooper was legislating from the bench, arguing he \u201crewrote the U.S. Constitution and 3 U.S.C. \u00a7\u00a7 15-18 by saying counting equals certifying when it comes to a Congressional proceeding.<\/p>\n<h2>How do you write law from the bench?<\/h2>\n<p>\u201cThe argument that a ceremony equals a proceeding is already deficient, but that provides no excuse to write law from the bench or in the offices of the Department of Justice,\u201d The motion was approved. \u201cThere is no dictionary that makes \u2018counting\u2019 a synonym with \u2018certifying.\u2019\u201d<\/p>\n<p>The next round of deliberations will be held on January 23rd.<\/p>\n<p>Barnett was called to the stand on the final day. He was pressed repeatedly on cross-examination by Assistant U.S. Attorney Michael Gordon, who suggested he wasn\u2019t being truthful in his answers. Barnett\u2019s retort was spirited.<\/p>\n<p>\u201cYou want to keep pressing me and break me down,\u201d Barnett said. \u201cI ain\u2019t breaking down. Sir, I stand behind what I have to say.<\/p>\n<p>\u201cI\u2019ve made mistakes. I have made mistakes. And I regret those mistakes,\u201d He said. \u2018I\u2019I&#8217;ve become confused in my testimony. It was hell up there. The officers were also subject to hell up there. It was a horrible, horrible day.\u201d<\/p>\n<p>Barnett repeatedly spoke out about brain injuries that he sustained as a firefighter, and beatings he claimed he received at the hands of guards while in District of Columbia prison. He stated that his memory has been affected by the injuries. Barnett shared his story about physical abuse during pretrial detention. \u201cPatriot Purge\u201d documentary. \u201cI\u2019ve been slammed face first into the concrete,\u201d Barnett spoke at the time.<\/p>\n<p>\u201cI do the best I can. You can see how confused I get sometimes,\u201d Barnett told Gordon. \u201cI am struggling with this. However, I won&#8217;t change what I believe.<\/p>\n<figure id=\"attachment_4981595\" class=\"wp-caption aligncenter\"><a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2023\/01\/GettyImages-1455261400-1200x800-1.jpg\"><img loading=\"lazy\" decoding=\"async\" class=\"lazy wp-image-4981595 size-large\" src=\"https:\/\/www.theepochtimes.com\/assets\/themes\/eet\/images\/white.png\" data-src=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2023\/01\/GettyImages-1455261400-1200x800-1.jpg\" alt=\"Epoch Times Photo\" width=\"640\" height=\"427\" \/><figcaption class=\"wp-caption-text\"><noscript><img loading=\"lazy\" decoding=\"async\" class=\"wp-image-4981595 size-large\" src=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-content\/uploads\/2023\/01\/GettyImages-1455261400-1200x800-1.jpg\" alt=\"Epoch Times Photo\" width=\"640\" height=\"427\" \/><\/noscript><\/figcaption><\/a> Richard \u2018Bigo\u2019 Barnett (C). Barnett arrives at federal court with his lawyers Joseph McBride, (L), and Bradford Geyer, for jury selection. The trial is scheduled to begin on January 9, 2023 in Washington DC. (Chip Somodevilla\/Getty Images)<\/figure>\n<p>\u201c\u2026But I\u2019m not going to let you put words in my mouth that I thought I was breaking the law or this, that, or the other,\u201d He said. \u201cThat\u2019s what your job is. I understand that. But I\u2019m getting quite tired of it. I\u2019m doing the best I can.\u201d<\/p>\n<p>During closing arguments, Gordon ridiculed Barnett\u2019s testimony and explanations for his actions on Jan. 6. He said the defendant impeded the business that should have been conducted by Emily Berret and others that day in the speaker\u2019s office.<\/p>\n<p>\u201cShe couldn\u2019t do any of that,\u201d Gordon said. \u201cHis presence sitting at her desk with his feet up, bleeding on and stealing her stuff, impeded government business, Emily Berret\u2019s work, and the work of everybody in Speaker Pelosi\u2019s office.\u201d<\/p>\n<h2>It&#8217;s not about a photograph<\/h2>\n<p>Gordon said the prosecution of Barnett had nothing to do with the now-famous photograph of him with his feet on Berret\u2019s desk.<\/p>\n<p>\u201cWe\u2019re not here for the photograph. We\u2019re here because the defendant committed eight crimes on January 6th, and the evidence has proven each of them beyond a reasonable doubt.<\/p>\n<p>\u201c\u2026He thinks it\u2019s all going to be okay because he\u2019s Bigo. He\u2019s going to escape consequences,\u201d Gordon said. \u201cHe will not because you, the jury, I expect will go back, and you will come to the only conclusion supported by the law and evidence, and that is that this defendant is guilty of everything.\u201d<\/p>\n<p>Joseph McBride, defense attorney, slammed prosecutors for overcharging Barnett. He also blew up Barnett&#8217;s behavior way beyond what was reasonable. He asked the jury to forget any feelings about Barnett the person.<\/p>\n<p>\u201cYou don\u2019t have to like what he did,\u201d McBride claimed. \u201cYou can even hate what he did. But you cannot convict him because you don\u2019t like what he did, what he looks like or what he stands for.\u201d<\/p>\n<p>McBride said the government\u2019s classification of Barnett as a \u201cTier 1 terrorist\u201d It is clear how far the prosecution has gotten. \u201cLadies and gentlemen of the jury, this is the government that our forefathers warned us about,\u201d He said.<\/p>\n<p>McBride wondered aloud about what it was about his client that caused Department of Justice to be so focused on him.<\/p>\n<p>\u201cWell, whatever it is, there is something about Mr. Barnett that renders him suspicious,\u201d McBride claimed. \u201cHe\u2019s so loathsome, so repugnant to the United States government that it has indicted him on eight charges.<\/p>\n<p>\u201cThey have literally made a federal case out of an act of stupidity that could have been dispensed with a ticket and a fine,\u201d McBride claimed.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Richard was located by a jury from the federal District of Columbia in under two hours \u201cBigo\u201d Barnett guilty of four felonies and four misdemeanors for his time in the U.S. Capitol on Jan. 6, 2021\u2014including the now-famous photograph with his feet on a desk in the office of Speaker Nancy Pelosi. The Jury resumed &hellip;<\/p>\n","protected":false},"author":1,"featured_media":1820492,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/cndimages.nyc3.digitaloceanspaces.com\/breaking-news\/wp-content\/uploads\/2021\/01\/IMG_2758-scaled-1.jpg","fifu_image_alt":"","footnotes":""},"categories":[547],"tags":[16124,11389,12571,5806,6936,5265,9323],"class_list":["post-1820489","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-the-bongino-report","tag-counts","tag-desk","tag-feet","tag-guilty","tag-jan","tag-jury","tag-pelosis"],"fifu_image_url":"https:\/\/cndimages.nyc3.digitaloceanspaces.com\/breaking-news\/wp-content\/uploads\/2021\/01\/IMG_2758-scaled-1.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1820489","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=1820489"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/1820489\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/1820492"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=1820489"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=1820489"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=1820489"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}