Posted on 06/28/2024 10:57:01 AM PDT by Red Badger
The US Supreme Court on Friday delivered a devastating blow to Biden’s corrupt Justice Department and overturned the obstruction charge used to jail hundreds of January 6 defendants.
Biden’s corrupt DOJ charged more than 300 J6ers with 18 USC §1512(c)(2). Additionally, two of the four charges against Trump in Jack Smith’s DC case are conspiracy to obstruct so the Supreme Court’s ruling on Friday torpedoed the special counsel’s case against Trump as well.
The Supreme Court earlier this year heard oral arguments in Fischer v. United States and at issue was statute 18 USC §1512(c)(2):
Whoever corruptly—
(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or
ADVERTISEMENT (2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.
On Friday, in a 6-3 vote, the court holds that to prove a violation of the law, the government must show that the defendant impaired the availability or integrity for use in an official proceeding of records, documents, objects, or other things used in an official proceeding, or attempted to do so.
“To prove a violation of Section 1512(c)(2), the Government must establish that the defendant impaired the availability or integrity for use in an official proceeding of rec-ords, documents, objects, or as we earlier explained, other things used in the proceeding, or attempted to do so. See supra, at 9. The judgment of the D. C. Circuit is therefore vacated, and the case is remanded for further proceedings consistent with this opinion. On remand, the D. C. Circuit may assess the sufficiency of Count Three of Fischer’s indictment in light of our interpretation of Section 1512(c)(2),” the opinion reads.
Jack Smith’s DC case against Trump is toast!
Jonathan Turley said it is hard to see how Jack Smith’s indictment against Trump holds up after the Supreme Court overturned the obstruction charge.
Jack Smith suggested he will find a workaround if the Supreme Court reverses two of the charges against Trump.
Smith claims the ‘obstruction’ charges will still stand against Trump because the alternative electoral certificates represent “documents” that were fraudulently used in an “official proceeding.”
These papers weren’t even sent or signed by Trump!
Jack Smith isn’t the only one who is threatening to circumvent the Supreme Court.
US Attorney from DC Matthew Graves fired a warning shot to the US Supreme Court – and J6ers serving time for 18 USC §1512(c)(2), the ‘obstruction’ statute pending before SCOTUS.
Another day in court...................
They brought multiple charges against Trump and he will claim immunity for each charge. As I understood some of the pundits, the judge has to hear arguments about why each charge falls under Presidential Immunity or not. If the judge says no to any charge, that charge will be immediately appealed. By the time it gets to SCOTUS again, it will be too late. I hope my understanding is accurate as it will stop the lawfare in its tracks.
Workarounds....hmmm.....
The BIG question is “What is the workaround for that arrogant, demented, incompetent, morally deficient, corrupted inveterate LIAR who is currently sitting in the Oval Office?”
I look forward to the day when President Trump is inaugurated and he subsequently FIRES Jack Smith and instructs the DOJ to investigate and prepare charges against him for obstruction and diversion of justice.
Two of the four counts depend solely on this. The charges of false certification are moot.
On the PAIN OF DEATH - Two to the heart, one to the head; that’s if you’re in a hurry, otherwise make sure they are dead.
“Jack Smith suggested he will find a workaround if the Supreme Court reverses two of the charges against Trump.”
Maybe he will look to a Russian or Venezuelan court?
SCOTUS ruled that the statute that was used needs to be based on fraudulent records that are submitted to a government process in an attempt to delay or subvert that process. Think Enron.
McCarthy said that Smith might be able to use the certificates that were submitted to Congress by the so-called "fake electors" as the documents to meet the statutory requirements.
The question is whether those certificates can be traced back to President Trump or did the people in the states do that on their own.
-PJ
Does not mention the number of people that pled to lesser charges because they would be facing 20 years on this bogus charge. Not sure how to unwind that or if you could.
A decision of the Supreme Court is always a consensus document. When some judges are wishy-washy, and others are strongly opposed, it takes a while to come up with text that everyone can live with. Also, there is a bit of theater and politics that are a part of the process.
GET THOSE J6 HOSTAGES OUT OF JAIL/PRISON AS QUICKLY AS POSSIBLE.
THIS IS A DISGRACE THAT BIDEN,Garland, WRAY, SULLIVAN, BLINKEN, AND MANY OTHERS SHOULD.
AND ALAN DERSHOWITZ...THIS IS NOT REVENGE, THIS IS JUSTICE.
SEE THE DIFFERENCE???????
I CAN ONLY HOPE THAT THE VAST MAJORITY OF AMERICANS CAN SEE WHAT...A DEMOCRAT ADMINISTRATION CAN DO TO A BEAUTIFUL COUNTRY.
THE PROGRESSIVE DEMOCRAPS HATE US AS MUCH AS THE IRANIANS DO.
Don’t know anything about that, but it makes sense...
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.