Today the Supreme Court decided to hear a January 6 case, Fischer v. United States, which is HUGE!!!!
This case challenges section 1512(c)(2), a provision that criminalizes the obstruction of an official proceeding. Notably, two out of the four charges levied against President Trump in his DC case are linked to 1512(c)(2).
Here’s how Jack Smith impacted by SCOTUS decision to review 1512c2.
Two of four counts tied to obstruction charge.
By granting cert today, 4 of 9 justices agreed the “splintered” appellate decision required a review. pic.twitter.com/Wy5s3DL07g
— Julie Kelly (@julie_kelly2) December 13, 2023
Here’s Julie Kelly on the background of this bogus charge from the DOJ:
In Washington, D.C., prosecutors are using a financial crimes statute passed by Congress in 2002 in response to the Enron scandal to bring felony charges against hundreds of Jan. 6 defendants, including Trump and Robertson. Lawyers for both and for other Jan. 6 defendants argue the law is being misapplied. The controversy could soon wind up before the Supreme Court.
Defense attorneys say the government is using the power of law enforcement to misinterpret, and even weaponize, nebulous language in the legal code.
In three separate motions filed on Oct. 23, Trump’s lawyers repeatedly raised objections based on the “vagueness” factor of the four counts in Special Counsel Jack Smith’s Jan. 6 criminal indictment against Trump. Those four charges are: conspiracy to defraud the United States, conspiracy to obstruct, conspiracy against rights, and obstruction of an official proceeding.
“President Trump’s alleged conduct — publicly and politically disputing the outcome of the election, attempting to convince Congress to act, and allegedly organizing alternate slates of electors — falls outside the plain language of the charged statutes,” John Lauro, Trump’s lead attorney in the Jan. 6 case, wrote in a motion to dismiss the charges.
One of the key statutes in question is 18 U.S. Code § 1512(c)(2), part of the 2002 Sarbanes-Oxley Act passed by Congress to prevent fraudulent financial reporting by corporations. The statute was meant to close a loophole in other obstruction laws related to the destruction of evidence, but left open to interpretation the terms “corruptly” and “official proceeding” in the following passage – to the point where, defense lawyers claim, it can be used to criminalize political activity. The passage reads:
(c) Whoever corruptly—
(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or
(2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,
shall be fined under this title or imprisoned not more than 20 years, or both.
DOJ’s legal basis rests on the argument that the Joint Session of Congress held on Jan. 6 to debate and certify the 2020 election was an “official proceeding,” as opposed to a ceremonial gathering. Those who interrupted Congress, prompting a six-hour delay, or planned to disrupt it, committed that particular obstruction felony, prosecutors contend.
Federal prosecutors so far have charged more than 300 Jan. 6 defendants with obstruction under that statute. In August, Smith’s office handed down a 45-page indictment against Trump, claiming his attempts to persuade Vice President Mike Pence to reject some electoral college votes and organize alternate slates of electors, among other acts, also represented an attempt to obstruct the certification of the 2020 election.
It’s hard to convey the importance and significance of this decision which will impact hundreds of J6 defendants. If the Supreme Court determines that the Department of Justice (DOJ) has misapplied the statute, it could be a game-changing moment.
This is a day so many J6ers have been waiting for.
Lives destroyed, people rotting in prison. All bc Biden’s DOJ abused a post-Enron evidence tampering statute.
And what will Jack Smith do now? 2 of 4 counts in his indictment in jeopardy. This is potentially more impactful than…
— Julie Kelly (@julie_kelly2) December 13, 2023
DOJ suspected this was coming. Since the muddy appellate ruling issued in April on proper use of 1512c2 in J6 cases, Matthew Graves has basically stopped using the charge. https://t.co/veJfZMyS1k
— Julie Kelly (@julie_kelly2) December 13, 2023
Hard to overstate the total humiliation of DOJ and 15 DC district court judges who upheld 1512c2. Only one—Judge Carl Nichols—dismissed the count in 3 cases.
The beauty here is that DOJ appealed Nichols. If DOJ would’ve left it alone, this wouldn’t be at SCOTUS now.
— Julie Kelly (@julie_kelly2) December 13, 2023
Meanwhile the Smith case against Trump is now officially delayed. No way this goes to trial in March. Another win! Wish I could see Weissman and Smith wailing to the sky in anger over this update.
While I’m happy they have finally decided to step in, some of those who were wrongfully convicted of this bullshit statute have been in prison for going on three years. Some of them have taken their own lives, and some have spent a fortune on legal bills all due to the weaponization of the GET TRUMP faction inside our government.
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The Supreme Court is not going to immunize presidents from prosecution for criminal acts committed while in office.
That would open the door on an unlawful shift to totalitarian rule. Any time a president had a mind to do it he could give it a try, with no fear of legal consequences. Elections would become meaningless because there would be no penalty for attempting to undermine them or disregard the results.
If decided in favor of the J6 defendants a class action should ensue to make the people whole financially, as Trump likes to say Billions and Billions.
The amount of financial damages that will be awarded to those who have wrongly been incarcerated, convicted and sentenced to prison will break the federal treasury.
democrats do not care. They would be happy to destroy this the last best hope for man on earth as Ronald Reagan would famously say.
I sure get tired of paying the penalty for Democrat stupidity, but, yeah, they should sue the living shit out of those responsible. Too bad it never comes out of THEIR pockets but, THEY have immunity.
Lying, agreeing that you lied, and then lying again…
12/12/23 – Judge shreds Rudy Giuliani’s plans to spread the Big Lie on the stand: “Perjuring himself”
Break out the clown noses all around.
Why they need an investigation is a clown show refusing to stop the invasion of the southern border enforce the laws is grounds for impeachment.
The evidence of Robin Ware/Robert L. Peters/JRB Ware/Pedo Peter/idiot Biden’s total corruption and compromise by our adversaries is overwhelming.
This impeachment is far and away more legitimate than either of the two sham impeachments of President Trump.
Republicans who voted for the formal inquiry acknowledge they have no evidence against Joe Biden.
12/12/23 – Some House Republicans Admit There Is No Evidence to Impeach Biden – ‘Probably not,’ Rep. Don Bacon, R-Neb., said Tuesday when asked if Biden committed high crimes or misdemeanors
Two back benchers who are never Trumpers. Dismissed.
12/13/23 – Hunter Biden demands public hearing, condemns Republican investigation for ‘false facts’ –
Why are they afraid to conduct their clown court in the full light of day? Oh, right… Because it’s a clown court. It’s all they’ve got to distract from the fact that their presumptive presidential candidate is presently facing 91 felony charges supported by actual evidence vetted by multiple independent grand juries.
Its a deposition as normal depositions not done in public, it isnt a hearing.
Now go be a good little moron and look it up.
The clowns are going to burn down their own tent.
Democrats held all their “hearings” in secret and then leaked whatever they wanted that they hoped would damage Trump. Why is Hunter being deposed such a problem for your crying, whining, sore loser ass now?
I have matches we ride at dawn
The spoiled baby addict does not get to dictate to congress.
I hope this doesn’t come as a shock, but Hunter doesn’t get to make the rules. He is subpoenaed for a deposition and that’s what he has to appear for. Hunter is just a lying, thieving, human trafficking, tax evading, crackhead piece of shit. He doesn’t tell ANYONE what to do.
Hunter said Robin Ware/Robert L. Peters/JRB Ware/Pedo Peter/idiot Biden wasn’t involved in his influence peddling and extortion, yet we have texts where he says Pops is sitting right next to him ready to bring the full power of the United States of America upon his business partner if they don’t send $5 million to the Biden’s immediately. We have checks, we have bills paid, we have homes bought.
The charges brought against Trump are a weak attempt to divert attention away from Robin Ware/Robert L. Peters/JRB Ware/Pedo Peter/idiot Biden’s corruption and to try and weaken Trump’s campaign. Neither is working.
He just told them to go f*ck themselves and dared them to interrogate him in public. For that, he’ll happily show up. So what’s their problem? What are they afraid of? What don’t they want the public to see and hear?
You had no problem when Trump ordered those subpoenaed to stonewall a previous congressional investigation—and they sure as hell didn’t say they’d gladly answer questions with the public looking on.
October 2021
Reporter: “Mr. President, what’s your message to people who defy Congressional subpoenas… Should they be prosecuted by the Justice Department?”
Joe Biden: “Yes”
“I hope the Committee goes after them and uh, holds them accountable,” Biden replied.
“Do you think they should be prosecuted by the Justice Department,” CNN’s Kaitlan Collins asked him.
“I do, yes,” Biden responded.
Then I suppose Comer’s Clown Court Committee should go after him—as if they weren’t already.
Oh, they are. And they’ve got the evidence.
If the clowns had evidence they’d be taking an impeachment vote. Instead, they’re just angrily honking their clown horns.
And then they took an impeachment vote and it passed.
Next?
Nonsensical
Clowns must be the new msnbc talking point
Again, stupid, a degenerate crackhead does not get to set the rules. So, providing the DNC’s DoJ can muster up the dedication to the Constitution to carry out its duties, Hunter will deposed and then, maybe, face a public hearing where the Democrat trained seals can all tell us that it’s not breaking the law when a Democrat does it.
Trump’s kids showed up for multiple hearings and depositions and answered all questions. Of course, they weren’t involved in an international criminal enterprise that raked in millions of dollars for the Family, were they?
You think telling a duly elected House committee to go f**k itself is the proper way to respond to a reasonable and lawful subpoena? Oh… it is when a Democrat does it, right? Democrats don’t have to follow rules and laws, do they?
They were senior advisors to the President, working in the White House. It’s not the same situation.
Well, yeah it is. The EXACT same situation. They were served a subpoena and they showed up and testified. Hunter didn’t.
Now, here’s where the situations vary: there was no crime that there was evidence the Trump’s were involved in. Congress was desperately LOOKING for one. But, Hunter’s crimes have been recorded, by Hunter, and the evidence is clear, solid and readily available. The question is, how involved Robin Ware/Robert L. Peters/JRB Ware/Pedo Peter/idiot Biden is and it appears he is VERY involved.
Now that an impeachment inquiry has been initiated, it would seem that the inquiry should subpoena the NARA for all of the alias’s used by biden that they have and have refused to give to the Congress.
He does what he is told or goes to jail.
That’s hilarious, coming from a Trump supporter. I only come here for the jokes.
So you are saying he wont get the same treatment as everyone? He is special?
Generally, the penalty for being held in contempt of Congress can range from nothing, to $1,000 fine and a year in jail.
He cant go to the White House to get stashed drugs for up to a year.
THEY ARE TRYING TO KILL HIM!
He isn’t getting the same treatment as anybody else. He’s been singled out because of who his father is. Republicans are heaping it on the son as a means of attacking the father.
They’re hoping to blow it up into a HUGE media distraction, because their own candidate is going to be in federal court for trying to steal an election using fraud, intimidation, and a mob.
Their elephant in the room is Trump—a classic conman who will say whatever a crowd wants to hear. It could all come down around their ears if enough voters notice.
Really? Lying on the gun transaction form is a felony punishable by up to 10 years in prison.
Not registering FARA.
Tax evasion, no late penalties or interest.
Pictures of himself naked with a minor doing drugs on the laptop. That minor his dead brothers daughter.
Yet he thinks he can dictate terms for a deposition.
Anyone else would be in jail, not having press conferences.
Do you know how rare it is for anyone to be charged for giving false answers on a Firearm Transaction Record?
Note that it wasn’t Joe Biden who was charged. You can’t impeach his son.
So, what good are background checks? Hunter and Robin Ware/Robert L. Peters/JRB Ware/Pedo Peter/idiot Biden are interlocked in their corruption. That’s what the deposition is for.
You got THAT right, scooter. He gets to have the FBI, IRS and DoJ protect him from prosecution for multiple crimes. He gets to have prosecutors sit on his charges and wait until the statute of limitations runs out. He gets to have administrators tell investigators to stop investigating and leave him alone. Few get that treatment and they are always Democrats.
Robin Ware/Robert L. Peters/JRB Ware/Pedo Peter/idiot Biden is a corrupt, treasonous pedophile and everyone (including you) knows it is absolutely, irrefutably true.
It’s a clear indication of how desperate this regime is that their “charges” are all so weak and tenuous. Based on where they perform their sham hearings and the level of bias exhibited by the performers on the prosecution side, convictions are assured. It is doubtful any would endure review and appeal, but the goal is to destroy Trump’s campaign. They spied on and investigated Trump for almost 8 years now and all they can come up with is the tortured use of unrelated statutes and then filing multiple charges on the same accusation to scoreboard the indictments. If it wasn’t in our country and causing such lasting damage, it would be hilarious.
Democrats are fascist.
As a number of republicans who voted for a formal impeachment query have publicly admitted, they haven’t got any actual evidence of High Crimes and Misdemeanors on the part of President Joe Biden.
Name them
Read their names for yourself. Previously over 20 declined to sign on. Now they’ve done so unanimously, with no more evidence than they had the first time.
Two back benchers who are never Trumpers. Dismissed.
About Us – The Messenger James Finkelstein – Search (bing.com)
A partisan hack who founded the left wing rag The Hill.
Not to be take seriously.
bacon and dusty johnson, two dirtbag rinos
They have texts of Hunters where he tells his Chinese partner that if he doesn’t wire them $5 million dollars, his father, the Vice President, who is sitting right next to him, will bring all hell down on him. I’d say that’s pretty good evidence Robin Ware/Robert L. Peters/JRB Ware/Pedo Peter/idiot Biden was “financially” involved. They have checks from those who received distribution of the money to Robin Ware/Robert L. Peters/JRB Ware/Pedo Peter/idiot Biden. They have bank records and suspicious banking activity reports.
Why was Hunter hauled to foreign countries on Air Force 2 so he could cultivate business (influence peddling) deals? Where does Robin Ware/Robert L. Peters/JRB Ware/Pedo Peter/idiot Biden get THAT authority?
I know you are more used to liars saying they have evidence and then impeaching on hearsay, innuendo and rumor, but this is REAL EVIDENCE, DOCUMENTED. And there are multiple whistleblowers, of the credible kind (not like those the Democrats employ).
You can try and convince yourself the evidence of Robin Ware/Robert L. Peters/JRB Ware/Pedo Peter/idiot Biden’s corruption and treason doesn’t exist, but that won’t make one page of it go away.
Julie Kelly https://abs-0.twimg.com/emoji/v2/svg/1f1fa-1f1f8.svg
@julie_kelly2
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And now, too soon for their purposes, the distortions of Lawfare have run into the brick wall of reality.
This case is only one of two, so far that will be going to USSC and with the real promise of cutting the legs out from under this lawfare bullshit.
The other being the decision on Smiths request to expedited hearing on Presidential immunity, which will rule against Smith, and undercut his whole case, both in DC and in Fla, and the case in Ga.
USSC will answer Smith that in order to strip a POTUS of immunity for actions he took while in office, so that he can be criminally prosecuted, he first must be Impeached by the House, AND convicted by the Senate.
As PDJT was impeached by the House, but not convicted by the Senate, for activities surrounding contesting the election i.e. J6, he cannot be prosecuted in criminal court for those actions, so that directly negates the DC case, and the Ga. case as well.
As for the Fla. case, the House would have to Impeach, and the Senate Convict President Trump for mishandling classified docs in order for the DOJ to prosecute him for that.
This J6 case is relevant to President Trump, and the USSC decision will have bearing on President Trump’s cases.