Two of the charges against Donald Trump are centered around 18 U.S. Code § 1512(c)(2), part of the 2002 Sarbanes-Oxley Act. As noted by Julie Kelly, “The statute was meant to close a loophole in other obstruction laws related to the destruction of evidence but left open to interpretation the terms “corruptly” and “official proceeding.”
In addition to Donald Trump, this federal statute meant to target organized crime and financial crimes has been used against 300 J6 defendants. Three J6 defendants have appealed the use of this provision to charge them with obstruction. A DC trial judge originally agreed with the argument and dismissed the framework of the Lawfare effort.
However, the U.S. Court of Appeals for the District of Columbia Circuit reversed the dismissal order.
J6 Defendants Edward Lang, Garrett Miller and Joseph Fischer appealed to the Supreme Court, which has now agreed to take up the case, U.S. v Fischer. In one way, this can be looked at as the Supreme Court reviewing the charges against Donald Trump, without ruling on the charges against Donald Trump.
There is a strong possibility the twisted Lawfare use of 18 USC 1512 by the DOJ will be rejected by the court, thereby removing two of the charges against Trump.
Washington — The Supreme Court said Wednesday that it will hear a court fight involving the breadth of a federal obstruction law that has been used to prosecute scores of defendants for their alleged actions during the Jan. 6, 2021, assault on the U.S. Capitol, as well as former President Donald Trump.
An eventual decision from the Supreme Court in the case known as Fischer v. U.S. could have far-reaching impacts, since the Justice Department has charged more than 300 people under the obstruction statute in cases related to Jan. 6.
Most significantly, special counsel Jack Smith has charged Trump with a single count of corruptly obstructing and impeding an official proceeding, namely Congress’ certification of the Electoral College results on Jan. 6. The former president has pleaded not guilty to that offense and the three others he is facing in the case related to the 2020 presidential election. A trial in Trump’s case is set to begin in March.
Arguments before the Supreme Court will take place next year, with a decision, which could threaten Trump’s charge, expected by the end of June. (read more)
As we have noted from the outset, Lawfare is a construct, a twisted manipulation of law, specifically intended for media consumption with the end goal to influence public opinion.
Special Counsel Jack Smith has applied twisted interpretations of law to his cases. The ability of the constructs to withstand judicial scrutiny has only just begun.
Question – WILL The DOJ ” CHOKE ” on Their OWN HUBRIS or will the Lawyers, ( judges ), PROTECT the D.C. Guild.
APPEARS that the ” normal rotation ” IS intern for a Judge, Work at DOJ, Work for a Law Firm, then get Appointed to a Judicial Seat
( the middle steps CAN BE Swapped or Repeated As Necessary to Obtain the Connections REQUIRED )
The line of CORRUPTION in the criminal JUDICIAL system. A two-tier injustice system to serve the corrupt politicians. Just part of the MASSIVE pay to play money laundering schemes in the Washington District of CORRUPTION.
Julie Kelly has earned and deserves a Pulitzer Prize for Truthful Reporting…May God Bless her Soul…..Heaven Sent!!!!!!!
And now, too soon for their purposes, the distortions of Lawfare run into the brick wall of reality.
This case is only one of two, SO FAR that will be going to SCOTUS and with the real promise of cutting the legs out from under this lawfare b.s.
The other being the decision on Smiths request to expidited hearing on Presidential immunity, which I believe will rule against Smith, and undercut his whole case, both in DC AND in Fla, AND the case in Ga.
I believe SCOTUS will answer Smith that in order to strip a POTUS of immunity for actions he took while in office, so that he can be criminally prosecuted, he FIRST must be Impeached by the House, AND convicted by the Senate.
As PDJT WAS impeached by the House, but NOT convicted by the Senate, FOR activities surrounding contesting the election i.e. J6, he CAN NOT be prosecuted in criminal court FOR those actions, so that directly negates the DC case, and I THINK the Ga. case as well.
As for the Fla. case, the House would have to Impeach, and the Senate Convict PDJT for mishandling classified docs (again, I THINK!) in order for the DOJ to prosecute him for that.
IF I am right, this case WOULD be irrelevant to PDJT, but will of coarse still be decided by SCOTUS, BECAUSE it applies to the J6 prisoners, as well.
Shipwreckedcrew
@shipwreckedcrew
This is one of the smartest attorneys who spent a long career at DOJ. He’s part of the Lawfareblog crew but his legal analysis is not usually wrong. The DOJ use of 1512 – even as condoned by district court judges – has always been contrary to longstanding sentiments that come out of SCOTUS that generally boil down to “overreach”. He called todays development back in March.
—
Jack Goldsmith
@jacklgoldsmith
1/Prediction: The interpretation of a criminal statute used to convict hundreds of J6 rioters, 18 U.S.C. 1512(c)(2), won’t survive appellate review. The Sup Court—which interprets statutes like this narrowly—will eventually interpret 1512(c)(2) in this way.
Cont reading thread…
https://threadreaderapp.com/thread/1638630150861357061.html#google_vignette
I am interested in this: https://www.deepcapture.com/wp-content/uploads/Finalized_Complaint_COMPRESSED.pdf
This is a complaint by whistleblower John Moynihan, tweeted out yesterday by Paul Sherry, with the explanation: BREAKING: Ex-federal agent John Moynihan has filed DOJ whistleblower complaint against Trump indictor Jack Smith, claiming Smith was “an active participant in a scheme to extort millions of dollars from wealthy individuals targeted for investigation a/o prosecution [in Kosovo]”
The SCOTUS has waited for the ‘focus’ to shift; they are a day late and a dollar short. It’s now just a dog and pony show like all politics in DC.
What did Shakespeare say about the lawyers?? The SCOTUS are lawyers turned judges; highest court judges. tsk tsk
God Help US
The ‘focus’ was about an illegal voting scheme/fixed election, now it’s obstruction corruption; the focus is off US/our votes and on hurt feelings and ‘wrong questions’…..
How dare questions be asked, and really how dare answers be expected? That’s the obstruction they are so offended by.
Will the SCOTUS say there was no obstruction and refocus the real problem; illegal voting.
Maybe, but not in time for the next election, that’s for sure.
Until SCOTUS follows the constitution to the letter and stops adding more ‘laws’ to the books with each ‘interpretation’ they make……interpretations make subtle changes.
“Judge and jury” has always rubbed me the wrong way, sorry. I don’t have the answers, but I sure don’t think SCOTUS has a reputation I savor.
An illegal election needed it’s day in court. Period. Revenge is best served cold, but not justice. The delays with fair trials for a fixed election have produced a heinous situation.
God Help US
Only illegal votes are winning elections…….
Prediction: SCOTUS will find for J6 defendants in this appeal and against President Trump in the other. I pray I’m wrong, but with Mary MCCord’s influence flowing straight from Obama and the rest of the Marxist cabal I’m not encouraged.
If they do the unholiest of civil wars will ensue.
There are millions who KNOW that their entire lives are being sentenced to annihilation.
The entire premise of the 1A right to protest is to prevent lawmakers or other gov’t officials from doing something the people are against. The statute that make is a crime to “impede an official proceeding” is literally un-constitutional.
#1 can be applied to the FBI and the J6 committee…
#2 can be applied to the capitol police and nancy pelosi…
About Dam time the Supreme Court weighs in on this subject [as long as they can follow the constitution….I have my doubts!]….They should have also reviewed the election issues in 2020 – Everyone who went to the Jan 6th event, simply wanted the 2020 election truly investigated [unfortunately- we are still waiting for that to happen]…I too went to the Capitol that day & the ONLY thing that makes any sense that day, based on what I witnessed that day – The breach of our Capitol building was simply ALLOWED to happen…The most Surreal day of my life…That day will haunt me for the rest of my life!
It sure looks to me that by these standards, the J6 committee could all be charged with section 1 violations for destroying evidence that President Trump has requested for his defense.
Is there a reason a states Attorney General couldn’t indict whoever was responsible for destroying witness testimony from the J6 committee that was to be used in an official proceeding?
These people are so predictable, they always charge their opposition with what they have already done, or are doing. You know their crimes by what they accuse others of doing. Same in Georgia with the RICO charges…
The people better get their heads out before the country is completely finished. You are allowing illegal proceedings and if it not stopped I fear civil war is on the horizon, the abuses cannot be allowed to continue.
Hopefully, SCOTUS will vote to have Smith HUNG by the neck until he is dead for crimes against America.
This entire farce is ridiculous on it’s face.
Recall that many judges are graduates of leftist schools and universities, trained to support the narrative/agenda.
Funny the Unsupreme Court wouldn’t hear any cases on election fraud but will fast track this case. Don’t trust the SC