Supreme Court Set to Review Landmark January 6th Case

Loading

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 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.

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.

4 1 vote
Article Rating
Subscribe
Notify of
53 Comments
Inline Feedbacks
View all comments

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.

Last edited 4 months ago by Greg

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”

A federal judge admonished Rudy Giuliani on Tuesday for saying he planned to testify that false voting fraud allegations he made against two former, Fulton County election workers are true, the Atlanta-Journal Constitution reported.

U.S. District Judge Beryll Howell already ruled that the former New York mayor’s claims against Ruby Freeman and Shaye Moss are false and found him liable for defamation last summer. But after the first day of a trial determining what Giuliani would pay in damages, he repeated unsubstantiated claims of a stolen election to reporters outside the courthouse and told them he planned to testify that they were true.

Attorneys for Freeman and Moss asked the judge to bar Giuliani from making those statements in court, and on Tuesday, Howell noted that Giuliani had already agreed in court that his allegations were false. Howell also directed his attorney, Joseph Sibley, to urge Giuliani against testifying unless he wishes to face further liability and sanctions.

“Given all the Georgia official investigations showing those were false statements, at worst he’s perjuring himself to play to some other audience, the audience for his social media outlets,” Howell said. The judge further pressed Sibley to explain Giuliani’s change in opinion, asking if he was just playing for the media in his remarks. Sibley responded that he was unsure, but speculated the case has taken a toll on the almost 80-year-old attorney.

Tuesday’s exchange came during the trial for Freeman and Moss’ defamation lawsuit against Giuliani, a former personal lawyer for Donald Trump. The election workers testified on Tuesday that they endured death threats and harassment as a result of Giuliani, Trump and others accusing them of double-counting ballots in the 2020 election among other illegal acts, allegations investigators with the FBI, GBI and the secretary of state debunked.

Last edited 4 months ago by Greg

BREAKING: All 221 House Republicans Vote to Open Impeachment Inquiry Into Joe Biden

Break out the clown noses all around.

BREAKING: All 221 House Republicans Vote to Open Impeachment Inquiry Into Joe Biden

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

A number of House Republicans are openly admitting that there is no evidence to impeach President Joe Biden, even as they prepare to vote to officially authorize the probe later this week.

“Probably not,” Rep. Don Bacon, R-Neb., told reporters on Tuesday morning when asked if Biden committed high crimes or misdemeanors. “They’re getting millions of dollars off the Biden name … that’s not to say there was a crime by the president.”

The hedging from some House Republicans comes as they also plan to vote to formally on the House floor to green light the inquiry on Wednesday.

It’s a step that the party skipped when former Speaker Kevin McCarthy opened the investigation in September. But the GOP, including some moderates, argue the move is necessary now to bypass what they argue is the Biden administration’s stonewalling of the probe.

But even as they plan to vote to officially open the investigation, Republicans are saying that there isn’t enough evidence at this stage to impeach the president, who has been under constant congressional scrutiny since the GOP took over the House earlier this year.

Republican Main Street Caucus chair Dusty Johnson of South Dakota said on Monday that “there’s not evidence to impeach.” But Johnson said the vote this week was not about whether the party would impeach the president or not.

”I’m not an expert,” he told reporters — and declared that “we have had enough political impeachments in this country.” Still, he’s willing to back leadership’s play because he said the Biden White House hasn’t fully complied with everything.

Two back benchers who are never Trumpers. Dismissed.

BREAKING: Republicans to Initiate Contempt of Congress Proceedings After Hunter Biden Defies Subpoena

New Dubinsky and Kulyk Case: How Joe Biden is Cleaning Up Evidence of His Corruption in Ukraine with the Help of Ukrainian Authorities

12/13/23 – Hunter Biden demands public hearing, condemns Republican investigation for ‘false facts’

Hunter Biden on Wednesday defied a congressional subpoena to appear privately for a deposition before Republican investigators who have been digging into his business dealings. He insisted he would only testify in public.

The Democratic president’s son slammed the GOP-issued subpoena for the closed-door testimony, arguing that information from those interviews can be selectively leaked and manipulated.

“Republicans do not want an open process where Americans can see their tactics, expose their baseless inquiry, or hear what I have to say,” Biden said outside the Capitol in a rare public statement. “What are they afraid of? I am here.”

GOP Rep. James Comer of Kentucky, chairman of the House Oversight and Accountability Committee, has said Republicans expect “full cooperation” with the private deposition. Comer and Rep. Jim Jordan, R-Ohio, who leads the House Judiciary Committee, told reporters later Wednesday that they will begin looking at contempt of Congress proceedings in response to Hunter Biden’s lack of cooperation.

“He just got into more trouble today,” Comer said.

For months, Republicans have pursued an impeachment inquiry seeking to tie President Joe Biden to his son’s business dealings. So far, GOP lawmakers have failed to uncover evidence directly implicating the elder Biden in any wrongdoing.

White House press secretary Karine Jean-Pierre said the president was familiar with what his son would say. “I think that what you saw was from the heart, from his son,” she said. “They are proud of their son.”

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.

Last edited 4 months ago by Greg

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.

Last edited 4 months ago by Greg

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.

Last edited 4 months ago by Greg

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.

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

He just told them to go f*ck themselves and dared them to interrogate him in public.

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?

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?

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.

He does what he is told or goes to jail.

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!

Last edited 4 months ago by kitt

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.

Last edited 4 months ago by kitt

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.

Last edited 4 months ago by Greg

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.

He isn’t getting the same treatment as anybody else.

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.

Last edited 4 months ago by Greg

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
·
Follow

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.

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.

Jack Goldsmith

@jacklgoldsmith

1/Prediction: The interpretation of a criminal statute used to convict hundreds of J6 rioters, 18 U.S.C. 1512(c)(2), won’t survive appellate review. The Sup Court—which interprets statutes like this narrowly—will eventually interpret 1512(c)(2) in this way.

Cont reading thread…

https://threadreaderapp.com/thread/1638630150861357061.html#google_vignette