On Friday, the Supreme Court ruled in favor of a former police officer who participated in the events at the Capitol on January 6, 2021. The ruling is a major blow to the Department of Justice's efforts to prosecute the January 6ers like plaintiff Joseph Fischer and could lead to hundreds of cases being upended.
The justices, in a 6-3 decision with Justice Ketanji Brown Jackson in the majority and Justice Amy Coney Barrett in the dissent, concluded that the law, the 2002 Sarbanes-Oxley Act, used by the DOJ to go after the J6 defendants for obstruction is far narrower than what has been allowed by lower courts. The majority's opinion, written by Chief Justice John Roberts, mandated that the case head back to the lower courts with the new interpretation of the law, which limits violations to solely tampering with evidence.
"The Government must establish that the defendant impaired the availability or integrity for use in an official proceeding of records, documents, objects, or as we earlier explained, other things used in the proceeding, or attempted to do so," the majority's opinion reads. "The judgment of the D.C. Circuit is therefore vacated, and the case is remanded for further proceedings consistent with this opinion."
The dissent, written by Justice Barrett, argued that the court "has failed to respect the prerogatives of the political branches" by ruling against the government. Barrett added that the majority "simply cannot believe that Congress meant what it said" when it wrote the broad statute meant to cover a plethora of conduct.
Journalist Julie Kelly, who has been closely following the various prosecutions against those involved in January 6, wrote that the ruling could have major implications for the hundreds of defendants. "In a massive victory for J6 political prisoners and an unprecedented defeat for the corrupt Biden/Garland/Monaco/Graves DOJ, SCOTUS has overturned the DOJ's use of 1512(c)(2), obstruction of an official proceeding, in J6 cases," she wrote. "THIS MEANS THE DEPARTMENT OF JUSTICE HAS UNLAWFULLY PROSECUTED 350+ AMERICANS FOR THEIR PARTICIPATION IN JANUARY 6--A FLAGRANT ABUSE OF THE LAW TO PUNISH THOSE WHO PROTESTED BIDEN'S ELECTION AND TO CRIMINALIZE POLITICAL DISSENT."
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