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Conservative judges appear skeptical over DOJ stating Jan. 6 participant 'obstructed' proceeding
Just the News ^ | 4/16/24 | By Charlotte Hazard

Posted on 04/16/2024 12:40:54 PM PDT by CFW

Conservative justices seem skeptical Tuesday about Justice Department arguments before the high court on the agency having used felony obstruction charges on over 300 people involved in the Jan. 6, 2021, Capitol riot.

The case is titled Fischer v. United States.

The plaintiff is Joseph Fischer who has been charged with "obstructing" an official proceeding – Congress' certification of the 2020 election results.

Justice Clarence Thomas questioned the department attorney on whether the use of such charges have been applied in other protests, according to CNN.

"There have been many violent protests that have interfered with proceedings," Thomas reportedly said. "Has the government applied this provision to other protests in the past?"

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


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government; Politics/Elections
KEYWORDS: fischer; jan6; obstruction; scotus
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The oral arguments this morning were quite interesting to listen to as several justices questions surprised me. It was funny when one Justice (Roberts?) brought up the hypothetical as to whether interrupting a SCOTUS hearing would apply under the statute. The Government's attorney responded "no" for some reason. Liberal protests were all protected by the First Amendment. It seemed her position was that anything done by a liberal wouldn't come under the statute in question but any protest by a conservative naturally would. Justice Jackson even asked a couple of questions indicating she was skeptical of the government's positions.

You can read the transcript or listen to the replay of the hearing this morning at:

Fischer v USA oral argument

1 posted on 04/16/2024 12:40:54 PM PDT by CFW
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To: CFW

Yeah but its different this time, because “Trump deserves it!” As I’ve heard from several leftists about anything relating to Trump.


2 posted on 04/16/2024 12:50:50 PM PDT by vpintheak (Sometimes you’re the windshield, sometimes you’re the bug. )
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To: vpintheak

Meanwhile Jan 6 victims rot in jail already longer than many violent felons.


3 posted on 04/16/2024 12:55:35 PM PDT by gibsonguy
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To: CFW
Neil Gorsuch: "Would pulling a fire alarm before a vote, qualify for 20 years in federal prison?"

🤣

4 posted on 04/16/2024 1:02:31 PM PDT by Tench_Coxe (The woke were surprised by the reaction to the Bud Light fiasco. May there be many more surprises)
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To: CFW

The Supremes not only need to throw out the J-6 obstruction of justice charges but they must give all the prosecutors, the judges and the jury Marxists in the case a royal ass whipping for their selective prosecution and treasonous abuse of the justice system.


5 posted on 04/16/2024 1:10:14 PM PDT by iontheball
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To: Tench_Coxe

Did he say this?


6 posted on 04/16/2024 1:10:37 PM PDT by vivenne (⁹)
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To: Tench_Coxe

“Neil Gorsuch: “Would pulling a fire alarm before a vote, qualify for 20 years in federal prison?””


That was indeed an amusing “hypothetical” presented by Justice Gorsuch.


7 posted on 04/16/2024 1:10:42 PM PDT by CFW
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To: vpintheak

“Yeah but its different this time, because “Trump deserves it!” As I’ve heard from several leftists about anything relating to Trump.”


When commenting on the NY trial against Trump, leftists bring up all types of things about him that have nothing to do with the accusations at hand (Such as his companies have filed bankruptcy in the past). Their position is “We hate him because he beat HRC, so therefore he should be convicted of something”. Unfortunately, that is also the position of the Judge and the prosecutor in the NY case.

It is also amazing the morals that leftists have suddenly developed. “He had an affair!”, they scream. “We can’t have a President who would do such a thing”! All as they ignore and memory-hole the position that sex is a private matter and has nothing to do with a President’s governing abilities, that they took just a few years ago.


8 posted on 04/16/2024 1:17:25 PM PDT by CFW
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To: vivenne

Yes, he did.


9 posted on 04/16/2024 1:21:23 PM PDT by dpa5923 (Small minds talk about people, normal minds talk about events, great minds talk about ideas.)
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To: vpintheak

liberals OCCUPIED the Wisconsin capital for a MONTH not that long ago!

no charges


10 posted on 04/16/2024 1:26:34 PM PDT by TexasFreeper2009
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To: CFW

In the Constitution, there is a prohibition of “ex post facto” crimes. That is, the crime has to be a law before you can be convicted of breaking it. Basically, no making something illegal after it is already done.

An important aspect of “no ex post facto” protection is criminal statutes have to be read NARROWLY in favor of a potential defendant, such that, if a person could read it ahead of time and reasonably determine that what he or she is doing is not a crime, then it is not a crime. This is especially true if the prosecutor’s approach is novel, never been done before, or being selectively applied.

All of the Trump charges and all of the J6 charges are the polar opposite of this basic Constitutional protection. The prosecutors are trying twisted, obscure, version of the statutes, never done before, and only selectively applying them to their political opponents.

It’s absolute garbage and a travesty of the legal system


11 posted on 04/16/2024 1:26:44 PM PDT by MeanWestTexan (Sometimes There Is No Lesser Of Two Evils)
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To: CFW

Gorsuch is not a judge. He is a justice.


12 posted on 04/16/2024 1:57:05 PM PDT by AndyJackson
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To: CFW

It was the a-hole Congressmen who chose to interrupt the proceeding. There was no threat to their lives, and the session in which they voted for Joe’s fraudulent electors could have continued.


13 posted on 04/16/2024 2:01:03 PM PDT by mass55th (“Courage is being scared to death, but saddling up anyway.” ― John Wayne)
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To: CFW

Now through the fib agents in jail.


14 posted on 04/16/2024 2:08:19 PM PDT by cowboyusa (YESHUA IS KING OF AMERICA, AND HE WILL HAVE NO OTHER GODS BEFORE HIM!)
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To: Tench_Coxe

> Neil Gorsuch: “Would pulling a fire alarm before a vote, qualify for 20 years in federal prison?”

Wha?? Someone cancel this cheeky dude’s bank account...


15 posted on 04/16/2024 2:11:29 PM PDT by SteveH
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To: AndyJackson

Gorsuch is not a judge. He is a justice.


Oh, for f’s sake! I know that! I’ve even met the dude(aka Justice) and remembered to refer to him as Justice Gorsuch. I’ve posted multiple threads on SCOTUS proceedings and normally refer to Justices appropriately. One little slip and the FR police have to make a special effort to point it out.


16 posted on 04/16/2024 2:14:01 PM PDT by CFW
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To: CFW

You have been judged :)


17 posted on 04/16/2024 2:16:05 PM PDT by dblshot
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To: mass55th

Another good question was from Justice Alito: “What if democrats blocked all the bridges from Virginia, and congress couldn’t vote? Would that be an ‘obstruction felony?”


18 posted on 04/16/2024 2:16:20 PM PDT by CFW
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To: CFW

Sorry I thought I was attacking the author not you.


19 posted on 04/16/2024 2:17:22 PM PDT by AndyJackson
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To: cowboyusa

I agree with running these corrupt tyrants them through


20 posted on 04/16/2024 2:18:59 PM PDT by AndyJackson
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