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Monday, April 29, 2024

Appeals Court Overturns Punishment Imposed on J6er For Going on Tucker Carlson’s Show

'There is no need for Court-ordered surveillance and monitoring of social media...'

(Ken Silva, Headline USA) An appeals court has reversed a draconian punishment a DC District Judge imposed on a Jan. 6 defendant who appeared on Tucker Carlson’s Fox News show early last year while his criminal proceedings were still ongoing.

The U.S. Court of Appeals for the District of Columbia Circuit’s March 26 decision stems from a punishment U.S. District Judge Reggie Walton imposed on Texas resident Daniel Goodwyn, who pled guilty in January 2023 to one misdemeanor count of entering the Capitol unlawfully. Walton is the same judge who recently caused a stir by publicly criticizing Donald Trump on CNN.

In March 2023, Goodwyn appeared on Tucker Carlson Tonight to promote a website where supporters could donate money to him and other political prisoners. Goodwyn’s appearance on that show drew the ire of Judge Walton, who last June ordered the Probation Office to monitor Goodwyn’s computer to make sure he didn’t spread “disinformation.” Goodwyn was also sentenced to 60 days imprisonment and given a $2,500 fine.

Goodwyn appealed the portion of the sentence that imposed the computer-monitoring mandate on him.

“There is no need for Court-ordered surveillance and monitoring of social media. The FBI already surveils and monitors,” Goodwyn said in a filing to the appeals court in December.

“The FBI received Congressional funding, acquired software tools, and uses other support such that without reasonable suspicion it tracks and monitors, across all social media, the names, posts, or pictures by or about January 6th pre-trial and convicted defendants. Reports go to the DOJ,” he said.

Goodwyn further argued that everything he said on Carlson’s show was truthful, and nothing contradicted a plea agreement he had signed with the DOJ prior to his appearance.

“Mr. Goodwyn was completely truthful on Tucker Carlson’s show in March, 2023. This is affirmed by the Statement of the Offense where Mr. Goodwyn took responsibility for delaying his departure from inside the building when he stopped to talk to the live streamer,” he said.

On March 26, the DC appeals court granted Goodwyn’s appeal, remanding his case to the district court for further consideration.

If Judge Walton does decide to reimpose a computer-monitoring requirement for Goodwyn, then “it should explain its reasoning,” “develop the record in support of its decision,” and ensure that the condition accords with … constitutional protections,” the appeals justices said.

Ken Silva is a staff writer at Headline USA. Follow him at twitter.com/jd_cashless.

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