(f)Limitation on Applicability of Statutory Minimums in Certain Cases.
(4) "the defendant was not an organizer, leader, manager, or supervisor of others in the offense, as determined under the sentencing guidelines"
From just the emails we have from Moren that are in the media:
Morens: email
"This is sent from my gmail account. Please send all replies here To gmail... There are things I cant say except [Senior NIAID official 1] is aware and I have learned that there are ongoing efforts within NIH to steer through this with minimal damage to you, [Co-Conspirator 1], and colleagues, and to nih and niaid," Morens wrote to a colleague, according to emails released by the committee."
This email clearly shows that Morens organizing others in his criminal activity of trying to hide the information of Fauci's funding of the COVID 19 lab from FOIA discovery. He is the leader of the effort to get the others to engage in the illegal activity as well, and he is reassures them that they will be protected from their illegal activity to recruit them.
In another email, Morens says this:
"email, dated 4/21/21, Morens wrote, "I forgot to say, there is no worry about FOIAs. I can either send stuff to Tony on his private email or hand it to him at work or at his house. He is too smart to let colleagues send him stuff that could cause trouble.''
Here, Morens is managing another to commit crime by instructing them how. He also did this as a follow up because he forgot to mention it in a previous email, he was supervising others in the offense by following up to ensure the crime was done properly.
If Morens wants to tell the full truth and identify Fauci as the real leader who instructed him, then he would still be guilty of organizing and supervising the criminal effort of others.
Of course, I am not a lawyer, conor. But that is what I would justify giving a bigger sentence.
Now, will he get the max? Probably not. But I hope that he does, and that is why I said, "maximum sentence "please" in my post.
The feds have a LOT more evidence against Morens than the very few tidbits made public. i hope that they aggressively use it all .