Posted on 03/17/2022 12:21:41 PM PDT by gattaca
A federal judge has dismissed a felony obstruction charge alleging a participant in Jan. 6 Capitol riot attempted to prevent the certification of the 2020 Electoral College results.
The ruling Tuesday by U.S. District Judge for the D.C. Circuit Carl J. Nichols, a Trump administration appointee, marks the second time in eight days the judge has issued such a dismissal.
Nichols ruled in the case against Joseph Fischer, who works for the North Cornwall Township Police Department in Pennsylvania, that the obstruction charge does not stand.
"Nothing in Count Three (or the superseding indictment generally) alleges, let alone implies, that Fischer took some action with respect to a document, record, or other object in order to corruptly obstruct, impede or influence Congress’s certification of the electoral vote," the judge wrote in a 10-page ruling. "The Court will therefore grant Fischer’s motion to dismiss Count Three."
The subsection of the U.S. Code under which Fischer was initially charged is designed to prevent tampering or destruction of documents and records, not an alleged attempt at derailing the certification of the Electoral College.
Nichols on March 7 threw out the same charge in the case against Garrett Miller, of Texas, who faces 11 additional charges related to January 6.
The judge is also considering Fischer's motion to dismiss Counts 4 and 5, which pertain to his alleged presence on "restricted building or grounds."
Prosecutors have told the judge that they are willing to amend the indictment against Fischer to skirt his attorneys' objections to the two other charges, which have to do with the presence of then-Vice President Mike Pence at the Capitol.
The judge has given Justice Department lawyers 14 days to either amend the indictment, or explain why they refuse to do so.
About time!
If the Jan 6 protesters “attempted to prevent the certification of the Electoral College results,” then why didn’t they? They were largely unarmed. There was no one there to stop them.
Class Action
People fired
People put in prison
Rights were denied them
This was pure political intimidation of the worst kind
One person was shot and killed without cause
That was murder.
Of course they are probably bankrupt and their lives are ruined. But hey, they won’t be charged with anything.
Sorry mfers.
More needs to be done.
This charge is also a perversion of the law: it's based on Mike Pence's presence as VP, around which the law states a secure area can be maintained. The DOJ is claiming the area outside the Capitol was included in the restricted area.
The judiciary has been lied to and hoodwinked by the DOJ over most of the Jan 6 charges: I don't know why some prosecutors aren't being brought up for contempt.
Another young lady died on 1/6/20 outside the Capitol building due to crass and unintelligible crowd control actions by brainless bullies wearing Capitol Police uniforms. Her friend has testified that he nearly died himself in the same police-caused trampling even as he helplessly watched his friend draw her last breath. A needless tragedy.
I hadn’t heard of that. Thanks for the mention.
When crowds go wild, it’s time to step away. Stampedes are
very dangerous.
In this case, the young man’s testimony in a news account or radio interview was that the Capitol Police’s needlessly haphazard, and heedlessly violent so-called crowd control efforts were the only real reason that this poor young woman ended up dying. I believe him.
I don’t have any reason not to, and didn’t mean to imply I
did.
I’m just trying to get the word out. By no means was I commenting on anything you may have said, or inferring anything negative from what you said. If you took it that way I apologize.
Thanks for your note. I appreciate the clarification.
Sometimes when we make our position clear, it can infer that
there was a perception that the other person didn’t see it
that way.
I was just trying to make it clear, that wasn’t the case.
My comments were made about stampeding crowds, and didn’t
mean to convey another meaning.
That you got that, I appreciate.
Thank you again.
“his attorneys’ objections to the two other charges, which have to do with the presence of then-Vice President Mike Pence at the Capitol”
Maybe because they don’t want to answer the question as to why Pence and the VP-elect were both on Capitol Hill after two bombs were found at the two D & R headquarters nearby?
Gee, in Oct 2021 the House O’Neil office building was evacuated over a bomb threat at HHS, down the street: https://www.woodtv.com/news/3-buildings-near-capitol-evacuated-after-reported-bomb-threat
In Aug. 2021 some dude drove a pickup truck on the Library of Congress steps, the Library, the Cannon House office building and the Supreme Court were evacuated: https://www.necn.com/news/national-international/photos-dc-bomb-threat-near-us-capitol-under-investigation/2538908/
In 2015 a guy shot himself in front of the Capitol and the entire complex was put on lockdown: https://www.chicagotribune.com/nation-world/chi-capitol-lockdown-20150411-story.html
Two bombs and no lockdown? Got it.
To me it sounds as if, had the Capitol Police not been willingly corrupt and used as pawns by Nancy Pelosi, nobody would have died, everyone would have gotten their points across, and the sun would have gone down on January 6th mote or less without serious incident. The way things actually played out, however, Nancy Pelosi appears to be at least guilty of two counts of homicide by means of her callous indifference to human life, and at worst, one count of bloodlessly contracting with the Capitol police to kill someone, anyone, among the motley crew of unarmed individuals clearly drawn, induced, by Fed-paid instigators, to enter the Capitol uninvited that day.
Still a political witch hunt. Illegal, immoral, and unethical witch hunt.
All those who have promulgated and encouraged this political motivated retribution should be forever banned from public service and tried for violations of all these folks’ civil liberties.
There are a lot of questions I think most of us have about
what took place that day. On one side of the building, people
were forcing their way in, and on the other side of the building they were inviting people in...
Now they seem to consider anyone who got in, to be the same
type of people.
It’s just nutty. Some folks that never got in, and they
know they never went in, are still being harassed about
just being at the building.
Lawfare is Warfare by the misuse of Law. These charges are shotgun — kitchen sink charges by the obscene power of the DOJ Main Office to prevent the future reliance on constitutional rights to peaceably assemble , petition the government and to protest illegal actions.
You ruin as many as you can, take pled down charges to get convictions, make countless examples and just by the size and complexity construct a Star Chamber of life-ruining power that the 18th century founders would well recognize from the abuses of the old world.
People were set up, enticed, entrapped, charged erroneously and ruined in scores and the press and media allowed it, promoted it and are as complicit as the corrupt Fed Lawfare groups.
May they be Damned for all eternity,
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