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 ...
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.
Mr. Biden, Tear Down This Gulag!
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.
“So it’s the GOVERNMENT actors who should be charged with obstruction.”
Nailed it!
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
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.
Just post the Opinion.
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.
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.
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.
Bttt
“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.
The process is the punishment......... justice delayed is justice denied.....
“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
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.
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.
Democratic J6 committee withheld evidence plus they lied in plain sight in front of the American people.
These political prisoners have already been screwed over by rotting in jail for years without trial.
The only discussion should be restitution
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