Landmark Supreme Court Case Could Upend Jan. 6 Prosecutions

The Epoch Times Header

The decision will affect more than 330 defendants and could eliminate the DOJ’s unprecedented and novel use of a law designed for white-collar crime.

The U.S. Supreme Court’s decision to take up a Jan. 6 case that challenges the most frequently charged felony from that day could upend more than 330 criminal cases and eliminate the most potent weapon wielded by the Department of Justice (DOJ).

On Dec. 13, the High Court granted certiorari to a petition of appeal from Jan. 6 defendant Joseph W. Fischer, 57, of Jonestown, Pennsylvania.

Mr. Fischer is among the hundreds of defendants in cases regarding the Jan. 6, 2021, Capitol breach who are charged with corruptly obstructing an “official proceeding”—the joint session of Congress that met to tally Electoral College votes and hear objections from members.

The DOJ put the Jan. 6 protesters in its sights with the unprecedented use of a 2002 evidence-tampering statute to prosecute them for delaying the counting of votes from the 2020 presidential election.

The Supreme Court’s decision could knock the heart out of hundreds of prosecutions and quash the unorthodox use of a law not designed to apply to anything but corrupt accounting practices.

18 U.S. Code Section 1512(c) reads:

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.

The charge has been levied in federal court against high-profile Jan. 6 defendants—including former President Donald Trump, Oath Keepers founder Stewart Rhodes III, former Proud Boys chairman Henry “Enrique” Tarrio—and hundreds of lesser-known figures.

Even defendants who came to the U.S. Capitol well after Congress was evacuated on Jan. 6 were charged with obstruction of an official proceeding. A number argued unsuccessfully at trial that they couldn’t have obstructed Congress because they weren’t present in the Capitol when lawmakers left the House and Senate chambers.

By Joseph M. Hannema

Read Full Article on TheEpochTimes.com

The Epoch Times
The Epoch Timeshttps://www.theepochtimes.com/
Tired of biased news? The Epoch Times is truthful, factual news that other media outlets don't report. No spin. No agenda. Just honest journalism like it used to be.

Columns

Putting it to rest

As the nation hits its taxation stride on its way to April 15th and DOGE continues to reveal waste and fraud, a review of the nation’s finances is overdue.

Lefty Activist Judges are Obstructing Trump’s Presidency

Activist judge’s ruling to block President Donald Trump from being able to execute his Constitutional Article 2 Powers pose a real “Constitutional crisis”.

France’s Next Quarterly Nuclear Drills Might Become Prestige-Building Exercises With Poland

Europe wonders what form Macron’s plans to extend his nuclear umbrella over the continent could take, considering risks entailed after Moscow’s negative reaction.

RFK Jr. Nukes HHS ‘Research’ Grants Designed to Stamp Out ‘Vaccine Hesitancy’

RFK Jr. must be waiting to get data firmly on his side before yanking COVID shots off the market and delivering pharmaceutical criminals to the DOJ.

An Actual Deep State Coup is Exposed in a CIA Email

Journalist John Solomon of “Just the News” on Real America’s Voice dropped a BOMBSHELL news report that appears to be old news revisited.

News

Retirees Must Make Obligated Withdrawals From IRAs, 401(k) Accounts by April 1: IRS

IRS issued alert reminding retirees that some of them are obligated to withdraw money from their retirement accounts by beginning of next month.

Johns Hopkins University Laying Off Over 2,000 Workers After Federal Funding Cut

Johns Hopkins University will lay off over 2,000 workers worldwide following Trump admin’s termination of $800 million in federal funding for institution.

American Airlines Plane Catches Fire at Denver Airport, Forces Evacuation

Passengers were forced to evacuate from an American Airlines plane that caught fire on March 13 at Denver International Airport.

Columbia University Expels Some Students Involved in 2024 Hamilton Hall Takeover

Columbia University said its judicial board levied a range of sanctions against students who occupied the building while protesting the Israel-Hamas war.

FBI Director Responds to ‘Alarming Rise’ in Recent Swatting Incidents

FBI Dir. Kash Patel said federal law enforcement bureau is investigating “swatting” incidents that have targeted certain media figures in recent days.

Trump Admin Asks Supreme Court to Unblock Birthright Citizenship Order

Trump admin asked Supreme Court to roll back multiple preliminary injunctions courts have issued against his EO to restrict birthright citizenship.

NIH Wants to Cap Funding for Indirect Research Costs—What Are They?

NIH is the world’s largest funder of medical research, granting billions to colleges and universities yearly. Trump admin seeks to cap paid overhead costs.

Border Apprehensions of Illegal Immigrants Hit Lowest in History, CBP Says

Number of illegal immigrants apprehended by authorities declined 94% year-over-year under Trump, according to latest figures released by CBP.
spot_img

Related Articles

Popular Categories

MAGA Business Central