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SCOTUS Arguments Don’t Bode Well For DOJ Prosecutors Pushing J6 Obstruction Charges
Most of the justices seemed dubious about the DOJ’s broad interpretation of the statute allowing it to sweep in the kinds of conduct Jan. 6 encompassed.
SCOTUS Looks Like It Will Hamstring DOJ's Obstruction Charges For J6ers
Most of the justices seemed dubious of DOJ's broad interpretation of the statute allowing it to sweep in the kinds of conduct J6 encompassed.
thefederalist.com
The Supreme Court heard arguments Tuesday morning in the case of Fischer v. United States, one of the many criminal cases arising out of the Jan. 6, 2021, riot at the U.S. Capitol. Like defendants in a large subset of those cases, Joseph Fischer was charged, among other offenses, with obstruction of an official proceeding under 18 U.S.C. 1512(c)(2). Fischer’s case in the Supreme Court challenges whether the events of that day can be prosecuted using this obstruction statute.
Most of the justices seemed dubious, or at a minimum concerned, about the Department of Justice’s very broad interpretation of the statute allowing it to sweep in the kinds of conduct that Jan. 6 encompassed. If the court rules for Fischer, his case will automatically apply to all Jan. 6 cases that include a Section 1512 charge and radically change those cases, including the prosecution against former President Donald Trump in D.C. In virtually all instances, such a ruling would likely require that the Section 1512 charges be dismissed outright.
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The precise scope that the court gives to 1512(c)(2), however, could potentially leave open the possibility that a few defendants, including former President Trump, could still be charged under it using a narrower set of allegations. Such a case would then likely bring to the forefront some of the statute’s other issues, which were only touched upon briefly in Tuesday’s argument, such as the meaning of the “official proceeding” requirement.
~Snip~
Absent extraordinary circumstances, the justices should render their decision and opinion in the case by the end of the current court term, which traditionally closes June 30 of each calendar year.
Commentary:
I always found it interesting that the single largest armed populace in the world came to perform an insurrection without said arms.
It was a scenario created by the FBI and Democrat Neo-Marxists for political purposes. No attempt was made to overthrow the government.
Our European allies are laughing at this “country’s justice system”. The biggest clown show on the planet. The Trump and Jan Sixth fiascos are found to be hilarious by most foreigners. In fact, millions of foreigners are risking their lives wading in the Rio Grande to watch the American clown show. Banana Boat Carmen Miranda Hat “Judges” waiting at the border for them, really cracks them up.
