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SCOTUS Arguments Don’t Bode Well For DOJ Prosecutors Pushing J6 Obstruction Charges
The Federalist ^ | 4/17/24 | LESLIE MCADOO GORDON

Posted on 04/17/2024 7:45:25 AM PDT by CFW

The Supreme Court heard arguments Tuesday morning in the case of Fischer v. United States, one of the many criminal cases arising out of the Jan. 6, 2021, riot at the U.S. Capitol. Like defendants in a large subset of those cases, Joseph Fischer was charged, among other offenses, with obstruction of an official proceeding under 18 U.S.C. 1512(c)(2). Fischer’s case in the Supreme Court challenges whether the events of that day can be prosecuted using this obstruction statute.

Most of the justices seemed dubious, or at a minimum concerned, about the Department of Justice’s very broad interpretation of the statute allowing it to sweep in the kinds of conduct that Jan. 6 encompassed. If the court rules for Fischer, his case will automatically apply to all Jan. 6 cases that include a Section 1512 charge and radically change those cases, including the prosecution against former President Donald Trump in D.C. In virtually all instances, such a ruling would likely require that the Section 1512 charges be dismissed outright.

[snip]

The precise scope that the court gives to 1512(c)(2), however, could potentially leave open the possibility that a few defendants, including former President Trump, could still be charged under it using a narrower set of allegations. Such a case would then likely bring to the forefront some of the statute’s other issues, which were only touched upon briefly in Tuesday’s argument, such as the meaning of the “official proceeding” requirement.

Absent extraordinary circumstances, the justices should render their decision and opinion in the case by the end of the current court term, which traditionally closes June 30 of each calendar year.

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


TOPICS: Breaking News; Constitution/Conservatism; Crime/Corruption; Editorial; Politics/Elections
KEYWORDS: doj; donaldtrump; fischer; jan6; josephfischer; scotus; section1512
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To: TexasFreeper2009

Yes, from the video I’ve seen, most of the “insurrectionists” were milling around the building like tourists.


21 posted on 04/17/2024 9:59:00 AM PDT by mtrott
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To: CFW

I have always hated the end of June roll out of big cases. It’s so anti small “r” Republican that we wait for the pronouncements on high from our philosopher kings. In this case, every day that political prisoners continue to suffer under the bogus interpretation of the statute is an affront to justice. That SCOTUS would wait another 60-70 to rectify it would be an obscenity


22 posted on 04/17/2024 10:00:49 AM PDT by j.havenfarm (23 years on Free Republic, 12/10/23! More than 8,000 replies and still not shutting up!)
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To: Sacajaweau

A protest that escalated due to undercover FBI and CIA contractors and ANTIFA people that caused the damage. That has yet to be fully exposed although Rep Clay Higgins spoke about the Ghost buses that were dropping off hundreds of people (looked like FBI types).


23 posted on 04/17/2024 10:15:08 AM PDT by Metrobank
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To: TexasFreeper2009

For the hundreds of thousands (probably at least 700,000) that showed up, it was completely peaceful compared to the hundreds of Pantyifa and Black Looters Movement™ members who showed up to murder and burn down the cities.


24 posted on 04/17/2024 10:24:24 AM PDT by AbolishCSEU (Amount of "child" support paid is inversely proportionate to mother's actual parenting of children)
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To: IYAS9YAS
I always found it interesting that the single largest armed populace in the world came to perform an insurrection without said arms.

As has been said many times, if lawful gun owning Americans were a problem, you would know about it. The whole freaking world would know it...

25 posted on 04/17/2024 10:24:31 AM PDT by Envisioning (Carry safe, always carry, everyday, everywhere.)
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To: Sacajaweau

Solomon was not MAGA. He was telling a bunch of BLM and antifa types that he didn’t want Biden either, just revolution, weapons and all. Then he went into the Capitol posing as a reporter, and got as far as the antechamber from which Ashli Babbitt entered the chamber and was shot.


26 posted on 04/17/2024 10:33:43 AM PDT by Eleutheria5 (Every Goliath has his David. Child in need of a CGM system. https://gofund.me/6452dbf1. )
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To: CFW

sorry I didn’t read through the article but do you know when SCOTUS will rule on this?


27 posted on 04/17/2024 11:04:48 AM PDT by spacejunkie2001
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To: Sacajaweau

You forgot to say the rowdy ones were the feds.


28 posted on 04/17/2024 11:12:16 AM PDT by reasonisfaith (What are the personal implications if the Resurrection of Christ is a true event in history?)
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To: All

These feds, and their cabal handlers, are addicted to false flags.

It’s all they know how to do—false flags.

Another word for false is FAKE.

Their entire existence is is going to be fake, until they turn state’s evidence.

But that window of opportunity is probably almost closed.


29 posted on 04/17/2024 11:16:04 AM PDT by reasonisfaith (What are the personal implications if the Resurrection of Christ is a true event in history?)
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To: CFW

30 posted on 04/17/2024 2:08:46 PM PDT by Liberty Valance (Keep a Simple Manner for a Happy Life :o)
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To: mtrott

yep, once inside it was mostly selfies, walking around, funny hats and flags

the ruff stuff was happening outside mostly


31 posted on 04/17/2024 2:37:06 PM PDT by TexasFreeper2009
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To: Eleutheria5

Egad. John Solomon???? Really? I would like to hear that-he appears to be one of the most mild-mannered people I can think of.

Besides, if he did, they would have found some way to crucify him. I have a hard time believing that.


32 posted on 04/17/2024 2:50:26 PM PDT by rlmorel (In Today's Democrat America, The $5 Dollar Bill is the New $1 Dollar Bill.)
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To: Eleutheria5

Oh. You must be talking about that pencil-neck moron with the porn mustache who was with the stupid reporter.

Pretty sure that wasn’t John Solomon! That would be be like having a golden retriever set loose on a criminal.


33 posted on 04/17/2024 2:55:19 PM PDT by rlmorel (In Today's Democrat America, The $5 Dollar Bill is the New $1 Dollar Bill.)
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To: Eleutheria5

Ray Epps?

John Solomon — Just The News
https://freerepublic.com/tag/johnsolomon/index?tab=articles


34 posted on 04/17/2024 3:02:14 PM PDT by Gene Eric (Don't be a statist! )
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To: Gene Eric

Is this John Solomon a large, angry black man, which is the one to whom I’m referring, or some other John Solomon? My John Solomon got six months under house arrest, even though he was inciting violence within the Capitol and threatening Capitol Police.


35 posted on 04/17/2024 3:12:03 PM PDT by Eleutheria5 (Every Goliath has his David. Child in need of a CGM system. https://gofund.me/6452dbf1. )
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To: Eleutheria5

No he didn’t. You are confusing Solomon with Sullivan.


36 posted on 04/17/2024 3:35:46 PM PDT by piasa (Attitude adjustments offered here free of charge)
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To: piasa

Right. Sullivan. My bad.


37 posted on 04/17/2024 3:38:29 PM PDT by Eleutheria5 (Every Goliath has his David. Child in need of a CGM system. https://gofund.me/6452dbf1. )
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To: Gene Eric

The poster is confused...means Sullivan the wanna-be documentarian BLM guy from Utah who created “Insurgence USA,” not John Solomon the excellent reporter.


38 posted on 04/17/2024 3:39:24 PM PDT by piasa (Attitude adjustments offered here free of charge)
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To: EliRoom8

Justice Elena Kagan is the quintessential modern American woman. Marry them at your peril.


39 posted on 04/17/2024 3:59:14 PM PDT by Bookshelf
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To: AbolishCSEU

You’re exactly right.

We’re up against extremely evil people.

I’m fearful for DJT. The trial in NYC is a sham and a good example of how Communists operate. There might be one or two jurors who wouldn’t find him guilty, but they’ll threaten them and their families. It is sickening.


40 posted on 04/17/2024 4:18:57 PM PDT by laplata (They want each crisis to take the greatest toll possible.)
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