Posted on 06/28/2024 8:29:34 AM PDT by ChicagoConservative27
In a move that could upend scores of Jan. 6, 2021, Capitol riot prosecutions, the Supreme Court on Friday narrowed the use of a charge of obstructing an official proceeding.
In a 6- 3 decision in which Justice Ketanji Brown Jackson joined the conservative majority and Justice Amy Coney Barrett sided with the liberal dissenters, the high court concluded that prosecutors need to hang closer to the statutory langue of the obstruction charge used in a slew of Jan. 6 prosecutions.
“The Government must establish that the defendant impaired the availability or integrity for use in an official proceeding of records, documents, objects, or as we earlier explained, other things used in the proceeding, or attempted to do so,” Chief Justice John Roberts wrote in the majority opinion.
At issue was a technical reading of the 2002 Sarbanes-Oxley Act which stipulates that anyone who “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 otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so” faces criminal liability.
(Excerpt) Read more at nypost.com ...
Trump’s probably election, at this point in time, is causing the court to do what it was supposed to do because his first act will be to grant pardons to every J6R.
It was written with the clear intent to deal with the high profile corporate accounting scandals at the time. Whether it should have been written in the first place is not the point but that mere fact that the government has to use this law as a justification to prosecute J6ers is a farce.
“At issue was a technical reading of the 2002 Sarbanes-Oxley Act which stipulates that anyone who “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 otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so” faces criminal liability.”
Translation: A “Technical” reading means a literal reading of the actual words clearly written”.
Who wrote the dissent, was it Barrett?
I think it means that many J6 convictions are now void. The court is saying that the wording of Sarbanes-Oxley refers to records and paperwork in impeding Government proceedings. But, let’s see if the DOJ is going to do the right thing and start discharging J6 prisoners.
wonder what the jan 6th committee thinks of this. i thibk 1400 were arrested.
This doesn’t exempt Congress members. The J6 Committee members should be charged criminally under this law for destroying records.
Seems to me that state elections boards which destroyed election records should also be charged criminally under this law.
[[anyone who “alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so,]]
Does pelosi ripping up the document she had after Trump’s speech count?
defense attorneys need to file motions
HOE many serious expensive lawsuits are waiting top be filed for wrongful prosecution & detainment????????????
YOU THINK THE FEDERAL RESERVE IS IN TROUBLE—
START DOING THIS POSSIBLE MATH.
Thousands of lives ruined, families bankrupted, jobs lost....
Let the lawsuits for damages begin.
IT SHOULD
If masses of Democrat protesters had been treated like the J6 people, and the convictions were overturned, the old saying is that the skies would be darkened by lawyers parachuting in to file lawsuits.
Someone has made ACB an offer she can’t refuse. She’s finished as an impartial Judge.
The J6 committee can burn in hell. Mercifully though, the DOJ can no longer use the wording of Sarbanes-Oxley to prosecute people from the January 6 rally.
Sadly true. This is being sent back to a lower court. It doesn't mean automatic discharge of those currently in custody. Hopefully it will bring a grinding halt to further attempts to use the wording of Sarbanes-Oxley to prosecute anyone else.
Amy Phony Barrett. What a disaster she is becoming.
We, the faithful, the loyal, and the hopeful, were burned once again. ACB has shown her true “conservative” bona fides.
“”Justice Ketanji Brown Jackson joined the conservative majority and Justice Amy Coney Barrett sided with the liberal dissenters,””
What a flip-flop!!
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