Supreme Court May Rule on the “Overcriminalization” of January 6 Political Prosecutions

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by Ace

Good news, if it actually happens.

Two Jan. 6 defendants are asking the Supreme Court to correct what they argue is “prosecutorial overcharging” before their cases go to trial.Edward Lang and Garrett Miller, who allegedly both entered the Capitol on Jan. 6, are asking the Supreme Court to dismiss an obstruction charge against them before their trials, alleging prosecutors broadened an unrelated statute to “over-penalize” those who participated in the riots, according to their petitions. If the Supreme Court takes the case, it could have broad implications for hundreds of other Jan. 6 defendants indicted under the statute.

The law under consideration is Section 1512(c)(2), which carries a maximum 20 year prison sentence for anyone who “obstructs, influences, or impedes any official proceeding.” Though the statute was passed to fight evidence tampering, government prosecutors have reasoned that Lang and Miller, along with many other Jan. 6 defendants, obstructed an official proceeding by attempting to disrupt Congress from certifying the election results.

In an amicus brief filed Aug. 30, three other defendants with pending cases before the U.S. District Court for the District of Columbia asked the Supreme Court to hear the case to prevent “a cascade of errors and misconceptions in the application of the law and undeserved harm to the defendants and the public perception of the courts.”

Over 200 defendants have been charged under the statue, according to the brief.

“A short walk from the building in which this Court sits, ‘a revolution is underway, with ambitious federal prosecutors reworking the penal code to make it do work never intended to be done, work that threatens to chill, and does chill, ordinary Americans in their First Amendment rights to assemble, to petition for the redress of grievances and to speak out on matters of public concern,” Lang’s petition begins, calling the application of Section 1512(c)(2) “overcriminalization of otherwise criminal conduct.”

Many, many “protests” of the left disrupt government functions, usually deliberately.

If this law is actually intended to be used against protesters “taking over” federal spaces and expose them to sentences of 20 years — why isn’t ever deployed against the many insurrections of the far left?

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Deal with those who caused damage to the Capital building. The people walking through the ropes were hardly attempting to overthrow the government.

It is past time to correct these prosecutorial overreaches.

The trouble started when the Capital Police opened fire on a peacefully protesting crowd. What is notable (and was probably predicted) is that instead of running away, THESE protesters went on the offensive. Maybe, like the BLM protesters, the January 6th protesters should be paid thousands of dollars apiece.

Jeb was born a mental defective; not “Dubya”! GWB knew precisely what he was doing in ’05 when he picked the most liberal judge in America to be Chief!

Ace is asking a rhetorical question here. -“If this law is actually intended to be used against protesters “taking over” federal spaces and expose them to sentences of 20 years — why isn’t ever deployed against the many insurrections of the far left?”!”

Roberts has had IN EFFECT 2 sets of laws for 17 years.

One for liberals; a totally different set for conservatives.

J6 folk are conservative. Best they will get is, “NO STANDING”!

Corruption R Us; 10/25/23 – Clarence Thomas failed to fully repay $267,000 loan for luxury RV, inquiry finds

The US supreme court justice Clarence Thomas failed to repay much – or possibly all – of a “sweetheart deal” to borrow more than $267,000 to buy a luxury motor home, a Senate committee found.

The existence of the $267,230 loan, made by the businessman Anthony Welters in 1999 and forgiven in 2008, was first reported by the New York Times. On Wednesday, the Times quoted Michael Hamersley, a tax lawyer and congressional expert witness, as saying “‘this was, in short, a sweetheart deal’ that made no logical sense from a business perspective”.

The original RV story came amid a torrent of reports, many by ProPublica, about alleged ethical lapses by Thomas, a conservative appointed in 1991 who has failed to declare numerous lavish gifts from rightwing donors.

Thomas denies wrongdoing but the reports, particularly concerning the mega-donor Harlan Crow, alongside stories about other justices’ undeclared gifts and windfalls, have prompted questions about impartiality on the conservative-dominated court and calls for ethics reform.

Senate Democrats have proposed such reform but it has little chance of success, given Republican opposition. The chief justice, John Roberts, has resisted calls to testify.

Supreme court justices are nominally subject to the same ethics rules as all federal judges but in practice govern themselves.

In the case of the luxury RV – a Prevost Marathon Le Mirage XL – Welters loaned Thomas the money in 1999. The businessman told the Times: “I loaned a friend money, as I have other friends and family. We’ve all been on one side or the other of that equation.”

But on Wednesday the Senate finance committee said it had now seen documents that showed an annual interest rate of 7.5% but no obligation to pay down the principal, only annual interest payments of $20,042. The committee also said it had seen a note from Thomas promising to abide by the terms.

“None of the documents reviewed by committee staff indicated that Thomas ever made payments to Welters in excess of the annual interest on the loan,” the panel said.

As described by the Times, when the loan came due, in 2004, Welters granted a 10-year extension “despite the fact that the previous year Justice Thomas had collected $500,000 of a $1.5m advance for his autobiography, according to his financial disclosures. Then, in late 2008, Mr Welters simply forgave the balance of the loan, according to the committee’s report.”

A contemporaneous note, the committee said, showed Welters saying Thomas’s “interest only” payments exceeded the value of the RV. But evidence did not back up this claim, with Welters having given investigators only one copy of a canceled check from Thomas, for the annual interest amount.

Hamersley told the Times: “No bank behaving in a commercially reasonable, arms-length manner would have given that loan in the first place. And a bank doesn’t just say, ‘Oh gee, you’ve paid a lot in interest – we’re good, no need to pay back what you actually owe.’”

Hamersley also said the Internal Revenue Service would treat any such gift as taxable income.

Ron Wyden, the Democratic chair of the Senate finance committee, said: “Now we know that Justice Thomas had up to $267,230 in debt forgiven and never reported it on his ethics forms.

“Regular Americans don’t get wealthy friends to forgive huge amounts of debt … Justice Thomas should inform the committee exactly how much debt was forgiven and whether he properly reported the loan forgiveness on his tax returns and paid all taxes owed.”

Calls for Thomas to resign, or to be impeached and removed, have proliferated. Such outcomes remain vastly unlikely but on Wednesday Caroline Ciccone, president of the watchdog Accountable.US, said Thomas had reached “a new low”, the justice going “about business as usual on the supreme court while skirting all ethics standards to cash in on his wealthy friends – to the tune of hundreds of thousands of dollars.

“Justice Thomas clearly views his position on our nation’s highest court as a chance to upgrade his own lifestyle with no consequences. As becomes more clear by the day, he is unfit to serve on our high court. Justice Thomas must resign.”