On Wednesday, the Supreme Court announced that it would consider a case brought by a January 6th defendant to determine the scope of an "obstruction of an official proceeding" charge used by the Department of Justice to prosecute those involved in the January 6th Capitol Riot. The decision is good news both for those who participated on January 6th, such as Joseph Fischer who brought the case, and also for 45th President Donald Trump, who is currently being charged under section 1512(c)(2) of the 2004 Sarbanes-Oxley Act by Special Counsel Jack Smith.
The statute has normally been used in other cases, such as when there is destruction of evidence. However, the use of the statute against J6ers has been hotly debated. The DOJ has thus far charged at least 327 J6 defendants with attempting to obstruct the official proceeding of certifying the 2020 election. Fischer's legal team argues that the charge does not apply to the situation given that it was meant to cover tampering or destruction of evidence.
While most judges in the DC area disagreed with Fischer's legal theory, U.S. District Court Judge Carl Nichols agreed and dismissed the charge against the J6 defendant. This was appealed by the DOJ and led to the DC Court of Appeals to reverse Nichols' decision, however, they disagreed as to the extent of the law's reach, per POLITICO. That splintering is what has led to the Supreme Court taking up the case to determine the extent to which prosecutors had to prove that J6 defendants acted "corruptly" during the events of that day.
This is a developing story and will be updated accordingly.
The statute has normally been used in other cases, such as when there is destruction of evidence. However, the use of the statute against J6ers has been hotly debated. The DOJ has thus far charged at least 327 J6 defendants with attempting to obstruct the official proceeding of certifying the 2020 election. Fischer's legal team argues that the charge does not apply to the situation given that it was meant to cover tampering or destruction of evidence.
While most judges in the DC area disagreed with Fischer's legal theory, U.S. District Court Judge Carl Nichols agreed and dismissed the charge against the J6 defendant. This was appealed by the DOJ and led to the DC Court of Appeals to reverse Nichols' decision, however, they disagreed as to the extent of the law's reach, per POLITICO. That splintering is what has led to the Supreme Court taking up the case to determine the extent to which prosecutors had to prove that J6 defendants acted "corruptly" during the events of that day.
This is a developing story and will be updated accordingly.
You can follow Sterling on X/Twitter here.
‘Trump Exists As A F*ck You’: Fmr Obama Advisors Admit ‘Huge Swath’ Of Culture Backs Him
Trump Picks Linda McMahon As Secretary Of Education
From South Texas to the Swing States: Republicans Must Follow Trump Agenda to Replicate Electoral Success
Sign in to comment
Powered by StructureCMS™ Comments
Comments