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"A Red Flag": Is SCOTUS Poised to Overturn Key J6 Felony Count?
Declassified - Substack ^ | Julie Kelie

Posted on 12/16/2023 1:29:10 PM PST by CFW

An order published by the Supreme Court on December 13 represented a moment hundreds of January 6 defendants and their loved ones had been waiting for: the highest court granted a writ of certiorari petition in the case of Fischer v. USA.

In a nutshell, after more than two years of litigation before federal judges in Washington, SCOTUS will review the Department of Justice’s use of 1512(c)(2), obstruction of an official proceeding, in January 6 cases. A “splintered” 2-1 appellate court ruling issued in April just barely endorsed the DOJ’s unprecedented interpretation of the statute, passed in 2002 as part of the Sarbanes-Oxley Act in the aftermath of the Enron/Arthur Anderson accounting scandal.

Justices will review the appellate court’s muddy decision during oral arguments expected to take place in March or April. A final opinion should be announced before the court’s term ends in June.

The political world now waits with bated breath for the outcome. Not only does the obstruction count represent the most frequently charged felony in what the DOJ considers an act of domestic terrorism, two of four counts in Special Counsel Jack Smith’s indictment against Donald Trump involve 1512(c)(2).

(Excerpt) Read more at declassified.live ...


TOPICS:
KEYWORDS: capitolriot; fischervusa; j6; jan6; jan6th; politics; scotus
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Julie Kelly is the best reporter on the January 6th prosecutions. This is her piece on the Fischer v. USA cert which was recently granted by SCOTUS
1 posted on 12/16/2023 1:29:10 PM PST by CFW
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To: CFW
June???

Meanwhile they will rot in prison for an additional 6 months and more.

2 posted on 12/16/2023 1:37:13 PM PST by Michael.SF. (There is only one reason why I will ever vote for a Republican: Democrats)
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To: CFW

Mark 4 Later - Julie Kelly


3 posted on 12/16/2023 1:37:18 PM PST by Scrambler Bob
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To: CFW

“...oral arguments expected to take place in March or April...”

Speedy trials, my @$$.


4 posted on 12/16/2023 1:43:33 PM PST by Paladin2
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To: Michael.SF.

That’s the bad part, a very bad part. However it may also be that, with a good chance of a favorable ruling, the entire prosecution of Trump will be put off well beyond the election because obstruction counts, similar to these, are at the core of Trump’s indictment.


5 posted on 12/16/2023 1:50:47 PM PST by libstripper
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To: CFW

Decision in JUNE? This the Supremes take their sweet time on while hundreds are imprisoned by a out of control justice dept? Yet Jacks case gets immediate action? Is there no common sense in this world?


6 posted on 12/16/2023 1:52:19 PM PST by dmet
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To: dmet
Yet Jacks case gets immediate action? Is there no common sense in this world?

Are you really surprised?

This two-tier justice system has been in place for years.

Justice for me -- but not for thee.

7 posted on 12/16/2023 1:56:55 PM PST by icclearly (Q)
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To: CFW
"..what the DOJ considers an act of domestic terrorism."

No, they don't. They know full well no terrorism occurred except by certain members of law enforcement. They're pretending they believe that.

8 posted on 12/16/2023 2:09:55 PM PST by HalfIrish
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To: CFW

I won’t be holding my breath for sure, as I have lost faith in the Supreme Court under Chief Justice Roberts, and the squishy conservative justices.


9 posted on 12/16/2023 2:22:02 PM PST by Robert DeLong
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To: CFW
"Is SCOTUS Poised to Overturn Key J6 Felony Count?"

It will if the justices have any commitment to justice, truth, and the Constitution.

10 posted on 12/16/2023 2:22:06 PM PST by Savage Beast (TRUTH is a terrifying thing to behold when trapped in a web of delusion.)
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To: dmet

“Decision in JUNE? This the Supremes take their sweet time on while hundreds are imprisoned by a out of control justice dept? Yet Jacks case gets immediate action? Is there no common sense in this world?”


The Court may actually issue their opinion before June. For the cases they have agreed to take for this term (which began October 1) they will have the decisions issued by the Court no later than they last day of June of 2024.

Most high-profile cases which involve a lot of issues (and usually have a lot of “friend of court” briefs submitted for one side or the other) do not have their opinions released until the last day of the term. However, if a large majority of the justices are in agreement and come to a quick conclusion, it is possible we may get an earlier decision.

I personally think it also depends on public interest in the case and the judges do not want to release controversial opinions (such as Dobbs) until the last day so they can release it and then “get the hell outta Dodge” in order to avoid media and the spotlight (and violence by the left if the opinion isn’t what they wish).


11 posted on 12/16/2023 2:26:21 PM PST by CFW (I will not comply!)
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To: CFW

Regardless of legal machinations and maneuvers by the DOJ, there is no excuse for holding the persecuted victims in that DC gulag without charges (some) or trials for three years. None whatsoever.


12 posted on 12/16/2023 2:28:44 PM PST by Gaffer
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To: CFW
... And federal judges in Washington who willfully endorsed such intentional prosecutorial abuse will suffer a collective black eye, justifying calls for mass resignations and retirements....

So many have played along so far. It is practically "settled law." Overturning it would be 'uge.

Still, there is room to hope.

13 posted on 12/16/2023 2:29:04 PM PST by gloryblaze
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To: CFW

RE: until the last day so they can release it and then “get the hell outta Dodge”

We have to live daily by the effects of these weaklings who have never been accused of having courage or integrity.


14 posted on 12/16/2023 2:45:16 PM PST by frank ballenger (There's a battle outside and it's raging. It'll soon shake your windows and rattle your walls.)
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To: icclearly

Justice for me but not for Trump supporters. He’s another Hitler, doncha know? The TV tells you so, relentlessly. In fact, he’s worse than Hitler, an existential threat!

/sarc


15 posted on 12/16/2023 3:33:56 PM PST by Deo volente ("When we see the image of a baby in the womb, we glimpse the majesty of God's creation." Pres. Trump)
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To: CFW
Arthur Andersoen

Fixed it.

-PJ

16 posted on 12/16/2023 3:44:47 PM PST by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: CFW

yeah. i’ll eat my hat if this liberal/leftist court does that. no faith in but two of these feckless ‘justices’ (Alito and Thomas).

nevertheless, with God, ‘all things are possible.’ i’ll pray directly for the release of our D.C. political hostages. please Lord, set the captives free! in Jesus Holy Name with thanksgiving. Amen.


17 posted on 12/16/2023 3:58:38 PM PST by dadfly
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To: libstripper
Good point.

I’m confident that SCOTUS will do the right thing. Good then we need to follow guidelines established by the Obama DOJ: settle the to be expected class action lawsuit out of court (this assumes a second term for Trump). The payout will be in the billions and will be well deserved.

18 posted on 12/16/2023 4:00:19 PM PST by Michael.SF. (There is only one reason why I will ever vote for a Republican: Democrats)
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To: Savage Beast

“It will if the justices have any commitment to justice, truth, and the Constitution.”

Big “if”. Seems like these days, such commitments are sadly lacking and a thing of the past.


19 posted on 12/16/2023 4:07:42 PM PST by Danie_2023
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To: dmet

“Gulag justice” moves slowly …


20 posted on 12/16/2023 4:09:24 PM PST by glennaro (Never give up ... never give in ... never surrender ... and enjoy every minute of doing so.)
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