Author Topic: Supreme Court rules against Biden DOJ in high-stakes Jan. 6 case  (Read 1855 times)

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Online mystery-ak

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Supreme Court rules against Biden DOJ in high-stakes Jan. 6 case
By
Kaelan Deese
June 28, 2024 10:54 am
.

In a landmark decision, the Supreme Court ruled in favor of Jan. 6 defendant and former Pennsylvania police officer Joseph Fischer, significantly affecting the Justice Department’s approach to prosecuting those involved in the Jan. 6 Capitol riot.

The 6-3 decision narrows the scope of applying an obstruction charge to hundreds of riot defendants charged for their conduct on Jan. 6. The case revolved around whether Section 1512(c)(2) could be applied to hundreds of defendants, including Fischer and former President Donald Trump, who faced charges of corruptly obstructing an official proceeding. The decision was mixed along ideological lines, with liberal Justice Ketanji Brown Jackson joining the conservative majority and conservative Justice Amy Coney Barrett joining the liberal bloc.

The court’s decision ruled against the Biden administration’s interpretation of the 2002 Sarbanes-Oxley Act’s provision. This provision, initially aimed at addressing corporate fraud, was deemed by the court to be too broad when applied to Fischer’s actions during the Capitol riot. The majority of justices concluded that the law should not be used as a broad tool for prosecuting a wide range of behaviors unrelated to its original intent.

Fischer’s legal strategy focused on the phrase “otherwise obstructs, influences, or impedes any official proceeding,” which is found in the statute. His attorney, Jeffrey Green, argued that the law’s primary intent was to address evidence tampering, not to prosecute actions such as Fischer’s. The court’s majority agreed, with Justice Samuel Alito being a major voice of skepticism during oral arguments about the government’s broad reading of the statute.

more
https://www.washingtonexaminer.com/news/supreme-court/3041195/supreme-court-rules-against-biden-doj-in-high-stakes-jan-6-case/
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Offline Lando Lincoln

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Re: Supreme Court rules against Biden DOJ in high-stakes Jan. 6 case
« Reply #2 on: June 28, 2024, 11:54:42 am »
And the hits keep coming.
There are some among us who live in rooms of experience we can never enter.
John Steinbeck


Offline Right_in_Virginia

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Re: Supreme Court rules against Biden DOJ in high-stakes Jan. 6 case
« Reply #4 on: June 28, 2024, 11:58:29 am »
Quote
Julie Kelly
@julie_kelly2

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.

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.


10:46 AM · Jun 28, 2024

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"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Offline Right_in_Virginia

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Re: Supreme Court rules against Biden DOJ in high-stakes Jan. 6 case
« Reply #6 on: June 28, 2024, 12:00:05 pm »
Quote
Jonathan Turley
@JonathanTurley

D.C. Circuit is reversed in the J6 case...

...Obviously, there were other charges like trespass that will not be impacted.  However, this hits hundreds of cases. Those cases must now be reviewed on just on the underlying convictions but sentencing in many cases.  It will not impact those cases which only went forward on trespass which are also numbers in the hundreds...

...For Trump, this rips the wings of the plane that Jack Smith has been trying to take off in D.C. In an ordinary case, there would be a superseding indictment. Smith may try to go forward on the remaining counts. However, it is hard to see how the indictment holds together after this decision...


10:59 AM · Jun 28, 2024

Offline Right_in_Virginia

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Re: Supreme Court rules against Biden DOJ in high-stakes Jan. 6 case
« Reply #7 on: June 28, 2024, 12:01:14 pm »
Interesting on the J6 decision that Justice Jackson joined the majority opinion, and Justice Barrett dissented (she wrote the dissent) with Sotomayor and Kagan


Offline DB

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Re: Supreme Court rules against Biden DOJ in high-stakes Jan. 6 case
« Reply #8 on: June 28, 2024, 12:02:04 pm »
What about all the fines and legal fees of the people who were wrongly convicted?

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Re: Supreme Court rules against Biden DOJ in high-stakes Jan. 6 case
« Reply #9 on: June 28, 2024, 12:02:27 pm »


It's gonna rock Jack Smith's world as well I think. @Right_in_Virginia
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien


Offline Right_in_Virginia

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Re: Supreme Court rules against Biden DOJ in high-stakes Jan. 6 case
« Reply #11 on: June 28, 2024, 12:10:57 pm »
It's gonna rock Jack Smith's world as well I think. @Right_in_Virginia

  :crossed:     (I think you're right)   

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"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Online mystery-ak

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Re: Supreme Court rules against Biden DOJ in high-stakes Jan. 6 case
« Reply #13 on: June 28, 2024, 12:42:57 pm »
Barrett breaks with conservatives over Jan. 6 obstruction charge ruling

In a pointed dissent, Justice Amy Coney Barrett skewered her fellow justices over their decision to narrow an obstruction charge used to prosecute scores of rioters who stormed the Capitol on Jan. 6, 2021.

The Supreme Court voted 6-3 Friday to side with Joseph Fischer, a former police officer accused of partaking in the Capitol attack who challenged the provision as being improperly applied to rioters.

Barrett, an appointee of former President Trump who himself faces a criminal charge that could be impacted by the court’s opinion, noted that the high court does not dispute that the certification of the 2020 presidential election results that day qualifies as an “official proceeding,” nor that rioters — including Fischer himself, allegedly — delayed the proceeding.

more
https://thehill.com/regulation/court-battles/4745971-amy-coney-barrett-jan-6-obstruction-dissent/
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Re: Supreme Court rules against Biden DOJ in high-stakes Jan. 6 case
« Reply #14 on: June 28, 2024, 12:44:59 pm »
Interesting on the J6 decision that Justice Jackson joined the majority opinion, and Justice Barrett dissented (she wrote the dissent) with Sotomayor and Kagan

I'm taking this opportunity to apologize to every member of this forum for ever mentioning the name Amy Coney Barrett as a potential nominee for SCOTUS. I'm truly sorry!
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Online Bigun

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"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

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Re: Supreme Court rules against Biden DOJ in high-stakes Jan. 6 case
« Reply #16 on: June 28, 2024, 01:20:59 pm »
Glorious.
The Republic is lost.

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Re: Supreme Court rules against Biden DOJ in high-stakes Jan. 6 case
« Reply #17 on: June 28, 2024, 01:30:49 pm »
Good start.
Love is the most important thing in the world, but baseball is pretty good, too. -Yogi Berra

Offline Fishrrman

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Re: Supreme Court rules against Biden DOJ in high-stakes Jan. 6 case
« Reply #18 on: June 28, 2024, 04:50:29 pm »
RinVa observes:
"Interesting on the J6 decision that Justice Jackson joined the majority opinion, and Justice Barrett dissented (she wrote the dissent) with Sotomayor and Kagan"

Barrett may end up becoming another David Souter, this time with lady parts.

Never nominate a woman for a man's job.

Women should not be on the Supreme Court.
Or perhaps not sitting in ANY court.

Sorry if you don't like this post.

Online Bigun

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Re: Supreme Court rules against Biden DOJ in high-stakes Jan. 6 case
« Reply #19 on: June 29, 2024, 08:39:53 am »
Everyone should read this entire tweet!

https://x.com/shipwreckedcrew/status/1806917155574911210
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien

Online Bigun

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Re: Supreme Court rules against Biden DOJ in high-stakes Jan. 6 case
« Reply #20 on: June 29, 2024, 10:17:32 am »
While todays ruling on J6 was correct, I can’t help but be reminded of the common refrain from lawyers:

- You can beat the rap, but you can’t beat the ride.

Thousands of lives ruined. Suicides. Families destroyed.

All based on a legal hoax from DOJ and DC judicial Nazis.


https://x.com/Cernovich/status/1806758212663988228
"I wish it need not have happened in my time," said Frodo.

"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
- J. R. R. Tolkien