Posted on 03/15/2024 11:59:01 AM PDT by E. Pluribus Unum
SCOTUS disappointed Trump’s political enemies, too, when it agreed late last month to review lower-court rulings that rejected his claims of presidential immunity from criminal prosecution. They’ll hear oral arguments in that case on April 22, about the same time that the DOJ had hoped to be convicting the former president.
But another J6 case, ignored in major media, is scheduled to be heard next month, too, on April 16. Its outcome could significantly reduce the sentences of J6ers, even to the point of releasing some from prison immediately.
In Fischer v. USA, SCOTUS will decide whether DOJ lawfully applied a section of U.S. Code known prosaically as 1512(c)(2).
It was added in the wake of the Enron scandal in 2002 and prohibits tampering with evidence or obstructing an official proceeding. The statute was written because executives at the corrupt energy company had ordered employees to shred incriminating documents. Conviction carries a prison sentence of up to 20 years.
Previous case law shows a precedent of applying 1512(c) only to judicial proceedings. There is another section of federal law — namely 1505 — that applies to obstruction of proceedings before other bodies, such as Congress, but it carries a sentence of not more than five years — four times lighter than 1512(c).
In what appears to be massive judicial collusion, judges in J6 cases ignored precedent and repeatedly referenced one another’s cases to justify the use of 1512(c)(2) against J6ers.
(Excerpt) Read more at thenewamerican.com ...
I see you had your sense of humor removed.
When you find it again... Your life will be much happier.
Your entire screed was an appeal to leave things as they are rather than fix a fundamentally broken system.
Nice going Ace...
https://law.justia.com/codes/us/2021/title-18/part-i/chapter-73/sec-1512/
Title 18 - Crimes and Criminal Procedure
Part I - Crimes
Chapter 73 - Obstruction of Justice
Sec. 1512 - Tampering with a witness, victim, or an informant[...]
(c) 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
(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.
For the Act which added the provision to the U.S. Code, see the Sarbanes-Oxley Act, Public Law 107-204 of July 30, 2002, 116 Statutes at Large 745. This provides the context within which the provision was enacted.
https://www.govinfo.gov/content/pkg/PLAW-107publ204/pdf/PLAW-107publ204.pdf
PUBLIC LAW 107–204—JULY 30, 2002 116 STAT. 745Public Law 107–204
107th CongressAn Act
To protect investors by improving the accuracy and reliability of corporate disclosures made pursuant to the securities laws, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Sarbanes-Oxley Act of 2002’’
- - - - -
At 116 Stat. 807
TITLE XI—CORPORATE FRAUD ACCOUNTABILITYSEC. 1101. SHORT TITLE.
This title may be cited as the ‘‘Corporate Fraud Accountability Act of 2002’’.
SEC. 1102. TAMPERING WITH A RECORD OR OTHERWISE IMPEDING AN OFFICIAL PROCEEDING.
Section 1512 of title 18, United States Code, is amended—
(1) by redesignating subsections (c) through (i) as subsections (d) through (j), respectively; and
(2) by inserting after subsection (b) the following new subsection:
‘‘(c) 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
‘‘(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.’’.
Now if one puts the provision in the context of CORPORATE FRAUD ACCOUNTABILITY; TAMPERING WITH A RECORD OR OTHERWISE IMPEDING AN OFFICIAL PROCEEDING, within the Corporate Fraud Accountability Act of 2002’’, one may well question how this pertains to any corporate fraud that occurred at the capitol on January 6th.
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