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SCOTUS Arguments Don’t Bode Well For DOJ Prosecutors Pushing J6 Obstruction Charges
The Federalist ^ | 4/17/24 | LESLIE MCADOO GORDON

Posted on 04/17/2024 7:45:25 AM PDT by CFW

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.

[snip]

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.

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.

(Excerpt) Read more at thefederalist.com ...


TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption; Editorial; Politics/Elections
KEYWORDS: doj; donaldtrump; fischer; jan6; josephfischer; scotus; section1512
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To: CFW

.


41 posted on 04/17/2024 4:24:42 PM PDT by sauropod (Ne supra crepidam)
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To: piasa; Eleutheria5

Appreciated. That makes sense

John Sullivan
https://freerepublic.com/tag/johnsullivan/index?tab=articles


42 posted on 04/17/2024 4:51:22 PM PDT by Gene Eric (Don't be a statist! )
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To: CFW

A good piece. Thanks.


43 posted on 04/17/2024 4:57:47 PM PDT by EliRoom8
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To: Sacajaweau

I watched the night before, and starting at the Speech, someone on Twitter posted. There were white busloads (as in the color of the bus) of Insurgents dropped off the Night before, BLM, AntiFa etc....
Don’t even try and tell me that this wasn’t a setup


44 posted on 04/17/2024 5:17:46 PM PDT by acapesket (all happy now?)
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To: CFW
When Bowmann gets 20 years then maybe the J6 trespassers should.Not before.
45 posted on 04/17/2024 5:23:42 PM PDT by Gay State Conservative (Proudly Clinging To My Guns And My Religion)
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To: acapesket

No...not insurgents...that implies weapons. Activists all.


46 posted on 04/17/2024 5:26:59 PM PDT by Sacajaweau
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To: Bookshelf
Justice Elena Kagan is the quintessential modern American woman. Marry them at your peril.

The "modern woman" has no sense of gentility or modesty. She spends all her time on politics. Unfortunately, she has no capacity to nourish on the Word of God.
47 posted on 04/17/2024 6:30:35 PM PDT by EliRoom8
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To: Sacajaweau

You are arguing over phrase? I saw what I saw.


48 posted on 04/17/2024 8:33:32 PM PDT by acapesket (all happy now?)
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To: Sacajaweau

On Newsmax news on TV a day or two ago, they had video of the so called riots and it clearly showed guards ALLOWING people in and guards and people walking around, talking, and nothing going on bad at all. So the theory that the entire crowd was a riot mob is a clear lie. The video shows normal people doing normal things, no rioting!!


49 posted on 04/18/2024 11:58:58 AM PDT by RetiredArmy (The Bible speaks truth! Don't believe it, you do so at your own peril. You'd better be right!!)
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To: RetiredArmy

I agree with you 100% and have been saying right along...once you were trapped in the crowd...there was no leaving..


50 posted on 04/18/2024 12:08:14 PM PDT by Sacajaweau
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To: IYAS9YAS

I always found it interesting that the single largest armed populace in the world came to perform an insurrection without said arms


Amazing.

Americans are really peaceful compared to other cultures and your point above proves it even more (though there never was an insurrection - I would have never supported that nor Donald Trump if he were behind such a thing and today I stand 100% behind him.

Americans are very loyal to their home football and baseball teams whether it be their school, college or in the national leagues. I mean, painting your faces and all. But in the end, after the game, the losing team does not go out and try to destroy the city in riots over a game like they do in Europe and other places. Of course there will always be an exception but overall Americans are peaceful.

insurrection

migrants

non-documented immigrants

Affordable Healthcare

Woman’s Health (abortion)

Chinese, mexican, muslim, gay, trans are considered races so don’t be a racist

Give the dems credit - they know how to work their propaganda machine


51 posted on 04/18/2024 1:08:35 PM PDT by tsowellfan
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To: acapesket

Rep. Clay Higgins brought that up to Director Wray during testimony. “Ghost” Buses brough the FBI types in to instigate the crowd.


52 posted on 04/18/2024 1:43:38 PM PDT by Metrobank
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To: Labyrinthos; Cboldt
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.

Jack Smith says even if SCOTUS rules for the J6ers, Trump still would be charged with obstruction because of "false electors." I don't think this is the first time in history competing electors have arisen, but SCOTUS doesn't always follow reason.

53 posted on 04/20/2024 11:30:56 AM PDT by ding_dong_daddy_from_dumas (Re-imagine the media!)
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