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Why SCOTUS Will Toss 350 J6 Convictions
A clear majority questions the DOJ's use of the Sarbanes-Oxley Act to prosecute J6 defendants.
by DAVID CATRON
April 21, 2024, 10:35 PM
It’s unlikely that many Americans sat down with a second cup of coffee and listened to last Tuesday’s oral arguments before the Supreme Court in Fischer v. United States. Nonetheless, it was an edifying tutorial on how the Department of Justice abused a federal law in order to charge J6 rioters with a serious felony. The statute is part of the Sarbanes-Oxley Act, passed in 2002 to prevent corporations from tampering with evidence to obstruct congressional inquiries or other official proceedings. For 19 years, the law was used only for that purpose. Then, in 2021, the DOJ redefined “official proceedings” to mean anything the government does, including certification of Electoral College votes.
This arbitrary revision became necessary because the actual “crimes” committed by most of the J6 defendants amounted to little more than trespassing and disorderly conduct. This obviously conflicted with the narrative being pushed by President Biden, congressional Democrats and the corporate media, all of whom insisted from the beginning that the riot was a “deadly insurrection.” Consequently, the DOJ had to come up with something that would sound more serious to the public than charging a few hundred knuckleheads with misdemeanors. At length they landed on Section 1512(c)(2) of Sarbanes-Oxley, which includes language that was distorted by prosecutors to charge roughly 350 rioters with felonies:
1512(c) 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.
Joseph W. Fischer was among those charged with “obstruction of an official proceeding.” However, when his case got to an actual court, U.S. District Judge Carl J. Nichols dismissed the “obstruction” charge because Fischer did nothing “with respect to a document, record, or other object in order to corruptly obstruct, impede or influence Congress’s certification of the electoral vote.” The DOJ took their case to the D.C. Circuit Court of Appeals, which reversed Judge Nichols’s ruling. Fischer then appealed to SCOTUS, which granted certiorari in December. It’s risky to predict a SCOTUS ruling based on oral arguments, but most of the justices were dubious about the DOJ’s use of Sarbanes-Oxley in J6 prosecutions
More here: https://spectator.org/why-scotus-will-toss-350-j6-convictions/
So, it shouldn't be too long before we get a decision, Anyone want to try and predict the outcome?