Brandon Fellows, 27, found guilty in November of a felony obstruction charge and four misdemeanors related to the tumultuous insurrection aiming to overturn the 2020 presidential election results, has proposed a motion to a federal judge. Originally scheduled for March 1, 2024, Fellows seeks a postponement until the U.S. Supreme Court resolves a pending case challenging the constitutionality of the obstruction statute.
Arguing that the law’s language, criminalizing “corruptly” interfering with a congressional proceeding, is vague and overly broad, Fellows asserts it doesn’t apply to his actions on January 6. He maintains he did not “knowingly” or “planningly” disrupt the joint session certifying Joe Biden’s victory, adding a belief in the right to overthrow the government after Vice President Pence certified the alleged stolen election.
In his motion, Fellows expressed contentment with his prison experience, deeming it “awesome and very fun.” Despite satisfaction with previous facilities, he criticized the current Alexandria Detention Center, branding it “filthy” and “depressing,” lamenting about poor food, nonexistent weight rooms, dull classes, and purportedly rude and abusive staff.
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Asserting this situation as further “punishment,” Fellows pleaded for the judge’s “mercy and understanding,” referring to himself as the judge’s “favorite political prisoner.”
Prosecutors have yet to respond to Fellows’ motion but have previously urged a 36-month prison sentence, followed by three years of supervised release. They argue Fellows displayed no remorse, continued to endorse “dangerous and extremist views,” and gained notoriety for provocative actions during the riot, including smoking marijuana in Senator Jeff Merkley’s office (D-Ore.) and boasting about his involvement in media interviews and social media posts.
Fellows has been in custody since his arrest on January 16, 2021, deemed a danger to the community and a flight risk by a judge.
