The Supreme Court of the United States (SCOTUS) has overturned the Department of Justice’s (DOJ) use of 1512(c)(2), a statute pertaining to obstruction of an official proceeding, in cases related to the events of January 6th (J6). This ruling is a major win for those political prisoners. It is also a significant setback for the Biden regime.
The statute in question clearly pertains to various forms of evidence that might be used in a criminal proceeding. It was never intended to be used to stifle political dissent.
18 USC 1512 was used as a cudgel to get J6ers to take plea deals. This way the administration could claim that so many people were guilty of insurrection when no insurrection actually took place. If one resisted the plea deals, then the felony charge was added.
Judge Carl Nichols dismissed 18 U.S.C. 1512(c)(2) charges against three J6ers – Jake Lang, Garrett Miller, and Joseph Fischer – on the grounds that the conduct alleged was outside of the reach of the statute. The judge noted that the statute had never been used this way before. Prosecutors were in effect inventing non-existent crimes as if they were Congress. The case eventually reached the Supreme Court.
The prosecutors had to use 18 USC 1512 in order to coerce plea deals over what may have been misdemeanors. I say may have been since video has shown Capitol Police holding the doors open for people to enter the Capitol.
SCOTUS concurred with Judge Nichols in a 6-3 vote. SCOTUS held that the government must show that the defendant impaired the availability or integrity for use in an official proceeding of records, documents, objects, or other things used in an official proceeding (emphasis added), or attempted to do so.
This opinion, written by Chief Justice Roberts, follows the plain language of the law. The vote should have been 9-0.
In the opinion of legal experts, this ruling severely undercuts Jack Smith’s case against PDJT. Jonathan Turley said it is hard to see how Jack Smith’s indictment against Trump holds up after the Supreme Court overturned the obstruction charge.
….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…
— Jonathan Turley (@JonathanTurley) June 28, 2024
Leftists are not happy. One can expect to hear a lot about SCOTUS threatening democracy from these people in the coming weeks.
In other news, the US Attorney for DC Matthew Graves has threatened to extend the sentences of J6ers who apply to have their convictions overturned.
In an effort to stem a flood of requests by J6ers serving time for 1512c2, the obstruction count pending before SCOTUS, DOJ and DC US Atty Matthew Graves now warn if it’s reversed and those convicted seek reduced or vacated prison sentence, the govt will ask for MORE time: pic.twitter.com/I9P0KbMz1E
— Julie Kelly 🇺🇸 (@julie_kelly2) March 20, 2024
This just demonstrates how much of a banana republic the US has become. These prosecutions were intended to stifle freedom of speech. These people in power believe that they can do anything they want to people who do not adhere to their political philosophy.
It is time to clean house in DC.