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Appeals court ruling puts hundreds of Jan. 6 felony cases in limbo
Politico ^ | 4/7/23 | KYLE CHENEY and JOSH GERSTEIN

Posted on 04/07/2023 10:27:33 PM PDT by CFW

Hundreds of Jan. 6 obstruction cases — one of the most commonly charged felonies against those who breached the Capitol or confronted police that day — are facing new uncertainty after a divided appeals court ruling Friday.

The three-judge panel spared the Justice Department an immediate disaster by agreeing to permit three challenged Jan. 6 obstruction cases to continue. But the judges — one liberal and two conservatives — all raised serious questions about whether other Jan. 6 obstruction cases might face legitimate challenges.

At the heart of the conflict is how to measure whether Jan. 6 rioters acted with “corrupt intent,” a central element in the crime of obstructing an official proceeding. The judges noted that the requirement of “corrupt intent” was meant to avoid inadvertently criminalizing traditional protest or lobbying activities that have been a feature of civic engagement throughout American history. Any decision on the meaning of corrupt intent would have to separate those legitimate activities from potential criminal conduct.

But Judge Florence Pan, who wrote the majority opinion, said it was the wrong time to decide that broad question because the three defendants whose cases were before the court were all also charged with assaulting police. There’s little question that those who assaulted police that day acted with “corrupt intent.” But in Jan. 6 obstruction cases that don’t involve assault, determining “corrupt intent” is much more complicated, she said.

“It is more prudent to delay addressing the meaning of ‘corrupt’ intent until that issue is properly presented to the court,” Pan wrote, pointing to the pending appeal of Jan. 6 defendant Thomas Robertson — a former Virginia police officer who was convicted of obstruction by a jury — as one potential vehicle. Pan was appointed to the appeals court by Joe Biden.

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


TOPICS: Front Page News; Government; Politics/Elections
KEYWORDS: bidenappointee; capitolriot; corruption; deminsurgency; dojfbi; j6; jan6; jan6th; jan6truth; pan; pelosiscoup; thomasrobertson
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This is interesting, but since you can't post anything from Politico on FR unless its under "bloggers", I can't post it in the regular news section.
1 posted on 04/07/2023 10:27:33 PM PDT by CFW
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To: CFW

Of course, I agree with JimRob’s statement that ‘Politico’ is propaganda, so I can’t fault him for being wary of them being used as a source. If I find an article with more information at a more reputable site, I’ll post a link on this thread.


2 posted on 04/07/2023 10:29:23 PM PDT by CFW (old and retired)
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To: CFW

Mr. Biden, Tear Down This Gulag!


3 posted on 04/07/2023 10:33:31 PM PDT by lee martell
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To: CFW

The only “official proceedings” going on at the Capitol at that time was debate over sending certain slates of electors back to those states for reconsideration. No actual MAGA Trump supporter wanted to disrupt that, in fact they were there to support that effort. It was the government agents provocateur who wanted to stop those proceedings, which is likely one reason they initiated the false flag. So it’s the GOVERNMENT actors who should be charged with obstruction.


4 posted on 04/07/2023 10:35:25 PM PDT by noiseman (The only thing necessary for the triumph of evil is for good men to do nothing.)
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To: noiseman

“So it’s the GOVERNMENT actors who should be charged with obstruction.”

Nailed it!


5 posted on 04/07/2023 10:46:09 PM PDT by CFW (old and retired)
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To: CFW

Has anybody died yet in thevWashington gulag?
I have heard nothing in regards to this. Based on lack of news, one would have to assume not a single death which is a near statistical impossibility


6 posted on 04/07/2023 10:52:22 PM PDT by Jonty30 (How is grinning and bearing something a bad thing? They are grinning.)
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To: CFW
I knew from day one J6 was all a staged ploy by Nanzi and her ilk. This is her Modus Operandi . What I did not know , which makes it even worse , was the FBI involvement.

Make no mistake about it , Nanzi organized this coup to seize permanent power. She tried to nationalize the elections multiple times and the Senate tried to kill the filibuster. It is only because two of the enemies own Senators bulked that our Republic still hangs by a thread.

7 posted on 04/07/2023 10:58:40 PM PDT by Nateman (If Mohammad was not the Anti Christ Mad Moe definitely comes in as a Strong second..)
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To: CFW

Just post the Opinion.

https://storage.courtlistener.com/recap/gov.uscourts.cadc.38789/gov.uscourts.cadc.38789.1208508143.0.pdf


8 posted on 04/07/2023 11:01:25 PM PDT by Pikachu_Dad ("the media are selling you a line of soap)
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To: Pikachu_Dad

Thanks. I couldn’t get it to load, so was afraid I had a bad link or maybe it hadn’t yet actually been uploaded to Pacer.


9 posted on 04/07/2023 11:03:49 PM PDT by CFW (old and retired)
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To: Jonty30

This mockery of justice is so terrible 3 Trump supporters have already committed suicide over it. 4 cops killed themselves as well. I suspect murder instead because they were going to reveal the real story.


10 posted on 04/07/2023 11:19:00 PM PDT by Nateman (If Mohammad was not the Anti Christ Mad Moe definitely comes in as a Strong second..)
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To: Nateman
More than two years and more than a thousand lives ruined with another thousand on the block, and the process has only reached the first appellate stage and even that will undoubtedly be wiped away when this extreme leftist court moves to hear this appeal en banc and so stacks itself.

It is not cynical to understand that this wholesale misuse of the system of justice is to be expected from this administration and from Democrats in general but the detached indifference of our judiciary is heartbreaking.

The Craven silence of elected Republicans is despicable.


11 posted on 04/08/2023 12:36:45 AM PDT by nathanbedford (Attack, repeat, attack! - Bull Halsey)
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Comment #12 Removed by Moderator

To: nathanbedford

Bttt


13 posted on 04/08/2023 2:02:57 AM PDT by Guenevere (“If the foundations are destroyed, what can the righteous do?”)
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To: CFW

“inadvertently criminalizing traditional protest or lobbying activities”

So that means all of the government plants in the crowd would have had that ‘corrupt intent’ since they were not there to protest.


14 posted on 04/08/2023 2:08:00 AM PDT by fruser1
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To: CFW

The process is the punishment......... justice delayed is justice denied.....


15 posted on 04/08/2023 2:27:44 AM PDT by Lockbox (politicians, they all seemed like game show hosts to me.... Sting)
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To: fruser1

“So that means all of the government plants in the crowd would have had that ‘corrupt intent’ since they were not there to protest.”

Nailed it


16 posted on 04/08/2023 3:50:59 AM PDT by Gary from Dayton (Scary unvaccinated American )
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To: Jonty30

I have heard that at least one of them has been denied cancer treatment.
There are supposed to be around 1000 political prisoners there. No telling what this is doing to them or their families.


17 posted on 04/08/2023 5:29:25 AM PDT by SisterK (the final variant is communism)
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To: noiseman

The only “official proceedings” going on at the Capitol at that time was debate over sending certain slates of electors back to those states for reconsideration. No actual MAGA Trump supporter wanted to disrupt that, in fact they were there to support that effort. It was the government agents provocateur who wanted to stop those proceedings, which is likely one reason they initiated the false flag. So it’s the GOVERNMENT actors who should be charged with obstruction.

/\

Bears repeating.


18 posted on 04/08/2023 5:33:58 AM PDT by cuz1961 (USCGR Veteran )
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To: CFW

Democratic J6 committee withheld evidence plus they lied in plain sight in front of the American people.


19 posted on 04/08/2023 6:11:05 AM PDT by existentially_kuffer
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To: CFW

These political prisoners have already been screwed over by rotting in jail for years without trial.

The only discussion should be restitution


20 posted on 04/08/2023 6:16:59 AM PDT by NWFree (Sigma male 🤪)
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