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Babagounj
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Supreme Court To Weigh Case That Could Upend Hundreds Of Jan. 6 Prosecutions
The Supreme Court is set to hear oral arguments Tuesday in a case challenging the scope of an obstruction charge leveled against hundreds of Jan. 6 defendants.
dailycaller.com
The law, enacted as part of the Corporate Fraud and Accountability Act of 2002, was intended to target evidence tampering, focusing on “deterring fraud and abuse by corporate executives,” Fischer argues.
“Before the January 6 cases, no court had applied Section 1512(c)(2) to conduct not intended to affect the availability or integrity of evidence,” Fischer’s attorneys argued in a brief. “Nor had a defendant ever been convicted of an obstruction-of-Congress offense outside the context of a legislative inquiry or investigation.”
Fischer stated he was in the Capitol for less than four minutes — after Congress had already recessed — and “was not part of the mob that forced the electoral certification to stop.” He was arrested in February 2021 on several charges, including assaulting Capitol police.
Should the Supreme Court agree with Fischer, it could impact not just his case, but hundreds of defendants the Department of Justice (DOJ) charged with a felony under the statute. Over 353 of the nearly 1,387 Jan. 6 defendants have been charged with “corruptly obstructing, influencing, or impeding an official proceeding,” according to the DOJ
Babagounj
Strength through joy
The decision will almost certainly have major implications for the Biden Administration’s prosecution of Donald Trump, resulting in the most serious charges against him being thrown out of court.The case, Fischer v. United States, asks the Supreme Court to weigh the scope of an obstruction statute, Section 1512(c)(2), which penalizes anyone who corruptly “obstructs, influences, or impedes any official proceeding” with up to 20 years in prison. Joseph Fischer, who entered the Capitol on Jan. 6, argues that his prosecution under the law for obstructing Congress’ certification of the 2020 election was an “unprecedented expansion” of the statute.Supreme Court To Weigh Case That Could Upend Hundreds Of Jan. 6 Prosecutions
The Supreme Court is set to hear oral arguments Tuesday in a case challenging the scope of an obstruction charge leveled against hundreds of Jan. 6 defendants.
The law, enacted as part of the Corporate Fraud and Accountability Act of 2002, was intended to target evidence tampering, focusing on “deterring fraud and abuse by corporate executives,” Fischer argues.
“Before the January 6 cases, no court had applied Section 1512(c)(2) to conduct not intended to affect the availability or integrity of evidence,” Fischer’s attorneys argued in a brief. “Nor had a defendant ever been convicted of an obstruction-of-Congress offense outside the context of a legislative inquiry or investigation.”
Fischer stated he was in the Capitol for less than four minutes — after Congress had already recessed — and “was not part of the mob that forced the electoral certification to stop.” He was arrested in February 2021 on several charges, including assaulting Capitol police.
Should the Supreme Court agree with Fischer, it could impact not just his case, but hundreds of defendants the Department of Justice (DOJ) charged with a felony under the statute. Over 353 of the nearly 1,387 Jan. 6 defendants have been charged with “corruptly obstructing, influencing, or impeding an official proceeding,” according to the DOJ
BrownFlush
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Capitol Police?
