Posted on 07/09/2024 3:24:21 PM PDT by Libloather
The Supreme Court’s decision on Friday in Fischer v. U.S. struck down one of the most common charges against January 6 defendants. “Obstruction of an official proceeding” had been used in hundreds of cases, and those convictions are now invalid.
But the biggest impact of the decision may occur elsewhere.
For years, calling January 6 an “insurrection” has been a litmus test for press, pundits and politicians. Members of Congress such as Eric Swalwell (D-Calif.) claimed a conspiracy of “armed and organized insurrectionists.” The claim is legally absurd but politically advantageous.
It now seems like the insurrection increasingly looks more like a legal case of mass trespass and unlawful entry.
I have always believed that criminal charges were warranted for the riot of Jan. 6, 2021. But this week’s decision shows how the Justice Department has wrongly prosecuted hundreds of people for the obstruction crime. It was all of what Justice Department official Michael Sherwin proudly declared in a television interview, that “our office wanted to ensure that there was shock and awe…it worked because we saw through media posts that people were afraid to come back to D.C. because they’re, like, ‘If we go there, we’re gonna get charged.’ …We wanted to take out those individuals that essentially were thumbing their noses at the public for what they did.”
The Fischer opinion will bring an end to a minority of cases that were based entirely on the charge under 1512(c)(2). The section had been enacted after the Enron scandal in 2001 with the collapse of an energy company accused of corporate fraud. It was designed to allow criminal charges for the destruction of evidence in the form of documents and records.
(Excerpt) Read more at thehill.com ...
A million dollars for each as they walk out of jail.Plus any legal fees.
Swap out Bannon and Navarro with Liz Cheney and Stretch Pelosi.
Will those who improperly initiated this “insurrection” be punished appropriately?
J6 violent? I remember when, in 1968, machine guns were placed on the Capital Steps. How many of those rioters back then were thrown in jail?
Trespass first requires a trespass warning and the opportunity to leave (if it wasn’t posted or clearly a place open to public access). Failure to leave means criminal trespass.
“We wanted to take out those individuals that essentially were thumbing their noses at the public for what they did.”
Just like DOJ did for the 2020 riots with all the wanton destruction, mayhem, lives lost and 1,500 injured police officer.
“get those jail cell door keys ready! Then get those lawsuits flying.”
Amen.
Release ALL the videos so those affected can show they were invited in by the police.
Totally agree.
Some were rioters and most were trespassers. None were insurrectionists. Either was, the chief executive has official authority to determine how to enforce the law
I see that‐
.
Yikes!
“”Sorry Turley, you are wrong.””
I don’t understand Turley’s statement. Seems to be contradictory. I couldn’t see anything in the article that explains it. He doesn’t expand on WHY he believed criminal charges were warranted to begin with and apparently changed his mind later? That’s disappointing coming from him....
That’s what I’ve been saying... Exactly WHO owns the Capital?
“Members of Congress such as Eric Swalwell (D-Calif.) claimed a conspiracy of “armed and organized insurrectionists.”
He’s right. The Feds were armed and conspired with Pelosi, et al, to organize the whole mess.
Exactly!
That’s right.
“I remember the videos of the guards waving people in,”
Definitely. They were everywhere.
“What about a Peaceful Protest?”
>>>>>>>>>>>>>>>>>>>
I like your humor.
And I know what you mean.
The term “peaceful protests” was abused so much by politicians and journalists alike, to describe the horror that was going on during the “summer of love” 2020, that the term became “washed out” of its true meaning...
The 2020 “peaceful protests” destroyed 110 American inner cities and left dozens upon dozens of people dead.
Thus, when I hear the term “peaceful protest”... I understand it as a “civil war” declaration.
If they had pulled the fire alarm like Representative Token Jamaal Bowman, they would have been charged with a misdemeanor like he was.
the problem though is that each person arrested must contact their lawyer who will then have to bring the case back to court to be ruled on from what i heard- costing more time, more money, and m ore time in prison for those still there- the SC decision apparently isn’t a get out of jail instantly card
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