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Judge tosses obstruction charge against Jan. 6 defendant
Politico ^ | Mar 7, 2022 | Kyle Cheney and Josh Gerstein

Posted on 03/08/2022 5:54:24 AM PST by where's_the_Outrage?

A federal judge has thrown out an obstruction charge against a defendant charged with breaching the Capitol on Jan. 6, 2021, a ruling that could reverberate across hundreds of cases stemming from the attack on Congress.

In a 29-page opinion issued Monday, U.S. District Court Judge Carl Nichols ruled that ambiguities in the federal obstruction law required him to narrow the case against defendant Garret Miller, who is facing multiple felony charges connected to the attack.

Under that narrow interpretation, Nichols ruled, defendants can be charged with obstruction only if they directly attempt to affect “a document, record, or other object” in order to hamper the ability of Congress to count Electoral College votes.

Nichols said that because prosecutors had not alleged that Miller took such direct action — rather, the Justice Department says he simply joined the large mob on Jan. 6 — the obstruction charge against him must be dismissed.

Among the people Nichols cited to bolster his interpretation is President Joe Biden. The judge noted that Biden said the law in question, passed in 2002 following the Enron scandal, was aimed at making it a crime to shred documents.

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


TOPICS: Constitution/Conservatism; Crime/Corruption; Government; News/Current Events; Politics/Elections; US: District of Columbia
KEYWORDS: 20210106; 55to43; capitialriot; carlnichols; congress; dcdistrict; districtcourt; documents; enron; federalistsociety; garretmiller; j6; jan6; jan6th; miller; obstruction; transparency; trumpjudge
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"The judge noted that Biden said the law in question, passed in 2002 following the Enron scandal, was aimed at making it a crime to shred documents."

LOL, using Biden's words, super.

1 posted on 03/08/2022 5:54:24 AM PST by where's_the_Outrage?
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To: where's_the_Outrage?

Finally a J6 lawyer working for his client.


2 posted on 03/08/2022 5:57:56 AM PST by Fido969 (45 is Superman!)
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To: where's_the_Outrage?

The prosecution is the punishment. After some judge decides these people aren’t really criminals they will have lost two years or more of their lives and millions of dollars.

Someone needs to go to jail for a long time, and it ain’t the “insurrectionists”.


3 posted on 03/08/2022 5:59:05 AM PST by skeeter
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To: skeeter

The prosecution is the punishment


That may have been true at one time, but now we are ALL so surrounded by legalize, the prosectuion is MEANINGLESS.

That’s right, less than meaning. Finally a judge who is American and not the Biden/Garland/Wray types who just want to punish Patriots for being...well, PATRIOTIC.

God Bless the Judge.


4 posted on 03/08/2022 6:10:50 AM PST by Maris Crane
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To: GOPJ; poconopundit; Jane Long; Diana in Wisconsin; Grampa Dave; Godzilla; null and void; aragorn; ..

HOISTING BIDUNG ON HIS OWN PETARD

Judge tosses obstruction charge against Jan. 6 defendant. “The judge noted that Biden said the law in question, passed in 2002 following the Enron scandal, was aimed at making it a crime to shred documents.”


5 posted on 03/08/2022 6:20:55 AM PST by Liz ("Our side has 8 trillion bullets; the other side doesn't know which bathroom to use.)
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To: Maris Crane

The prosecution isn’t “MEANINGLESS” if you happen to be one of those people locked up in jail and/or bankrupted.


6 posted on 03/08/2022 6:21:21 AM PST by Bruce Campbells Chin ( .)
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To: Bruce Campbells Chin

I am totally sympathetic.

What I meant was that is not a stigma that lasts a lifetime.

Being prosecuted for the Jan 6 demonstration will be a mark of true American Patriotism.

I’m shocked that Bruce Campell didn’t realize that.


7 posted on 03/08/2022 6:25:08 AM PST by Maris Crane
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To: where's_the_Outrage?

Do they mean the Enron HOAX where they jailed executives and destroyed an entire corporation on fictional charges?

They eventually released them but some 5000 people lost their jobs when the company folded.


8 posted on 03/08/2022 6:30:43 AM PST by Mr. K (No consequence of repealing obamacare is worse than obamacare itself)
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To: Maris Crane

The prosecution is the punishment

So, so true.... grind the defendant into dust.


9 posted on 03/08/2022 6:31:08 AM PST by ptsal (Vote R.E.D. >>>Remove Every Democrat ***)
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To: Liz

Will this law be used against Fauci and Pfizer?


10 posted on 03/08/2022 6:32:29 AM PST by ptsal (Vote R.E.D. >>>Remove Every Democrat ***)
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On the Jan. 6 “Democrats Wallow in Victimhood Day,” Kamala Know-Nothing stupidly equated J6 w/ 911 and Pearl Harbor.

Kamala Harris and the Dem hit squads have spent the last 30 years attacking the United States as racist, oppressive, homophobic, xenophobic, etc.......decrying it’s formation by “evil religious white men to oppress anyone who was unwhite.”

But on Jan 6, she, and the Party of Never Miss a Political Opportunity, suddenly “saw the light.”

The knee-jerkers crassly played the “give a damn card.”

Harris: “What the extremists who roamed these halls sought to degrade and destroy was not only a building, hallowed as it is,......they were assaulting the institutions, the values, the ideals that generations of Americans have shed blood to establish and defend.”

Too bad they don’t govern as if they believed all that.


11 posted on 03/08/2022 6:32:51 AM PST by Liz ("Our side has 8 trillion bullets; the other side doesn't know which bathroom to use.)
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To: Maris Crane

I’m just his chin, lacking in some of Bruce’s own (cough, cough) mental acuity.


12 posted on 03/08/2022 6:34:02 AM PST by Bruce Campbells Chin ( .)
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To: Fido969

Finally a J6 lawyer working for his client.

The FBI / DOJ tactic in the J6 cases is to drag out the charges, overcharge, and attempt to coerce the defendant to plead guilty in exchange for a lesser sentence. They know the average person cannot tolerate the years of mental anguish and torture theta the government can impose nor the extreme financial cost of a lawyer for years on end. The government does thus because it knows if these cases actually went to trial, the majority of charges would be dismissed as absurd and/or the discovery process would show the government to be complicit in instigating the “riots”.


13 posted on 03/08/2022 6:34:33 AM PST by Flick Lives (The CDC. Brought to you by Pfizer)
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To: Maris Crane

Amen!
Hope this judge can handle the cases of a lot more January 6 “insurrectionists”, and SHRED the reputation and careers of the Demonrats who have championed it!


14 posted on 03/08/2022 6:39:43 AM PST by milagro (There is no peace in appeasement! There)
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To: where's_the_Outrage?

And no mention of Sandy Burgler?


15 posted on 03/08/2022 7:00:51 AM PST by Beagle8U ("Per DNC instructions...Joy Reid is busy packing marbles up her @$$.")
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To: where's_the_Outrage?

No One has been charged with obstruction or insurrection. But being held forever is a dem tactic to scare us all. Get rid of the dems in the midterm and then let the jan 6 political prisoners out and throw the dems in. Have the jan 6 prisoners be their new guards.


16 posted on 03/08/2022 7:00:52 AM PST by Singermom
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To: where's_the_Outrage?

It was a largely a trespass event. Charge the trespassers with trespass and end this circus.


17 posted on 03/08/2022 7:02:38 AM PST by 1Old Pro
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To: Maris Crane

Same idea as “the process is the punishment.” The government abuses its power in order to ruin people. It does this pretty much the way you suggest, the law has no meaning, it’s just part of the toolbox for punishing the rubes.

No consolation at all to have a judge construe the law correctly, AFTER you’ve been ruined. The Biden/Garland/Wray types have firm control over the process, and you better not forget it. The government is capable of and enjoys ruining people at whim. It keeps the rest in line.


18 posted on 03/08/2022 7:08:21 AM PST by Cboldt
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To: ptsal

Hah......


19 posted on 03/08/2022 7:16:30 AM PST by Liz ("Our side has 8 trillion bullets; the other side doesn't know which bathroom to use.)
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To: where's_the_Outrage?

With Biden’s green new deal bet many more Enron scandals will ensue it’s a all about the money scam with that program you know how he loves money.


20 posted on 03/08/2022 7:20:53 AM PST by Vaduz ( )
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