In a major 6-3 ruling, the Supreme Court has finally addressed the expansive regulatory use of executive agencies to create law through interpretation. The 40-year-old Chevron ruling granted the executive agencies of government the ability to interpret laws and apply restrictions/regulations based on their own rules and definitions therein.
The Supreme Court put the judicial branch back into the equation by ruling that courts will decide what laws apply when the legislation is ambiguous on detail. This shift in prior precedent could have major ramifications. [MORE AT SCOTUS BLOG]
In another big case, the court ruled in favor of Joseph Fischer a Pennsylvania police officer charged in the January 6th protest with “obstructing an official proceeding.” [FULL RULING HERE]
The law at the center of Fischer’s case is 18 U.S.C. § 1512(c)(2), and as noted by Julie Kelly, “The statute … has been applied in roughly 350 J6 cases; it also represents two of four counts in Special Counsel Jack Smith’s J6-related criminal indictment of Donald Trump in Washington.”
Julie Kelly – […] In a 6-3 decision, Chief Justice John Roberts wrote that the “c2” subsection is tethered to the “c1” subsection that addresses tampering with a record, document, or “object.”
Roberts was joined by Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Ketanji Brown Jackson. Justice Amy Coney Barrett authored the dissent (!) joined by Elena Kagan and Sonia Sotomayor.
Today’s decision means hundreds of Americans have been wrongfully prosecuted by Attorney General Merrick Garland as he insists his department is dedicated to upholding the “rule of law” and pursuing justice “without fear or favor.” (read more)
The DOJ now has to figure out how it will respond to losing the majority charge in many of the J6 cases. However, the DOJ immediately responded with the following press release:
MAIN JUSTICE – The Justice Department issued the following statement from Attorney General Merrick B. Garland on the Supreme Court’s decision in Fischer v. United States:
“January 6 was an unprecedented attack on the cornerstone of our system of government — the peaceful transfer of power from one administration to the next. I am disappointed by today’s decision, which limits an important federal statute that the Department has sought to use to ensure that those most responsible for that attack face appropriate consequences.
The vast majority of the more than 1,400 defendants charged for their illegal actions on January 6 will not be affected by this decision. There are no cases in which the Department charged a January 6 defendant only with the offense at issue in Fischer. For the cases affected by today’s decision, the Department will take appropriate steps to comply with the Court’s ruling.
We will continue to use all available tools to hold accountable those criminally responsible for the January 6 attack on our democracy.” (read more)
Harvard Professor Emeritus Alan Dershowitz said the Supreme Court was correct in its ruling to make it harder to charge Jan. 6 defendants with obstruction.
J-6ers best hope is if President Trump gets re-elected. There will be no real justice with this leftist despotic controlled US Justice Department.
Is Garland related to Beria?
Ideologically, 100%.
Joe Biden is not the only one with mental illness in this Democrat cabal…….
Garland is a sociopathic little worm. He’s a coward hiding behind his position and access to the strings of power through the justice Department. Thank God his nomination to the Supreme Court was stopped!
“IF” Donald Trump gets back in office, there will be many revelations regarding Garland and his cabal of criminals at the Justice Department. No one man, not even Trump, can completely turn this political cancer around. This has to come from a majority of the people. Much of the current generation of Americans are brainwashed and enamored with Socialism.
How appalling is it when a mentally deficient man becomes President and convinces over 200 million Americans to get a dangerous and ineffective vaccine? Then a horrendous fire destroyed Lahaina Hawaii. This White House drove through their community basically giving them the finger while sending hundreds of billions of dollars to a despotic government in Ukraine.
INCREDIBLY, when the election comes around in November these same people will vote overwhelming for Biden or whoever the Democrats run.
There’s no fixing stupid!!!
Chevron reversal means that bureaucrat tyranny is replaced by judicial tyranny and the bureaucrats are less random than the judges. Silver lining may be that the black robes will create so much chaos that it will paralyze the Feds. And the Left already has a strategy to evade the J6 ruling in that the EC documents from the states should qualify as documents under the statute. This is the wages of the trimmers on the SC.
If you look around you will find that almost to a person the leftists and statists are horrified at the result of that decision and those on the opposite side thrilled. Ask yourself why that would be… It’s a great thing.
I see zero “judicial tyranny” resulting from the decision – simply the judicial branch doing their job and putting a severe leash on the unelected bureaucracy that has long exceeded their authority and grown far, far beyond their Constitutional boundaries.
It opens absolutely zero openings for the judicial branch to overturn actual laws passed by congress in and of itself. It is and always has been the duty of congress to pass clear and specific laws, preferably in clear and plain language, which pass Constitutional muster.
If you look around you will find that almost to a person the leftists and statists are horrified at the result of that decision and those on the opposite side thrilled. Ask yourself why that would be…
Because they’re all hamsters on the hamster wheel, all pretending that they’re really going somewhere important.
Biden openly boasts of ignoring anything he doesn’t like about what SCOTUS says….
Then there’s President Biden, who, while canceling more student debt this week, boasted about ignoring the Supreme Court’s landmark 2023 ruling that his previous loan forgiveness plan was illegal.
https://www.wsj.com/articles/joe-biden-student-debt-forgiveness-supreme-court-0c5204fe#:~:text=Then%20there's%20President%20Biden%2C%20who,loan%20forgiveness%20plan%20was%20illegal.
J6 was a DNC operation to cover up fraudulent election–obviously.
Biden weaponized the swamp creatures at the DOJ and FBI
to go after Trump and associates. This is Election Interference.
The Biden administration created the government
criminality, decay and corruption at the DOJ and FBI.
Not Biden. Biden Admin. Biden too dumb.
No, the criminality, decay, and corruption at those agencies far exceeds the time the current administration has existed – even proceeds Dopey’s time occupying the WH, although he was involved in feeding it steroids.
Corruption at the FBI pre-dates the Biden Administration. The Obama Administration put in place many of the top FBI characters, but the FBI has been corrupt since Hoover.
The nerve of these people to think that it is okay to attack innocent people and then lie about how they will use all tools…well I am sure God will use all HIS tools.
cross posted at https://freedomaustralia.freeforums.net/thread/5709/significant-positive-rulings-supreme-court
Chevron gone, but if nobody has standing to sue over the bureaucratic decisions, what do we gain, really? Only Congress can properly oversee that, and they absolutely refuse to do so, as their paymasters wish.
Perhaps President Trump will greatly reduce the headcount or altogether close these bureaucratic departments now that they might be diminished somewhat.
Sadly he’ll be no Bukele or Milei and the white collar welfare will continue.
Some questions post rulings:
Until we take our country back and deal Justice to the usurpers these SCOTUS rulings don’t mean spit.
KBJ joined with the right side, and Amy Barrett joined with the wrong side. These two “good” SCOTUS decisions followed one horrendous decision, violation of the 1st Amendment on social media. KBJ (and Barrett) switching sides marginalizes the left’s complaints. Sometimes I wonder if these decisions and who sides with what are predetermined compromises and just all about control (not really freedom or rights), which as Sundance says is a reaction to fear.
See my reply and check out the video linked in it. It is immediately above your post.
As far as Coney-Barrett is concerned, Robert Barnes warned all of us about her. Someone in here referred to her as an “Institutionalist.” She votes to defend institutions irrespective of what the Constitution says limiting the power of “institutions.”
So that her concurrent opinion, filed separately in support of the majority, included the suggestions that:
The Electoral Vote Count IS an “official proceeding” covered under 18 USC 1512, despite the fact that only JUDICIAL proceedings are mentioned in any detail and the statute was written in response to evidence destruction and tampering in a CRIMINAL PROSECUTION.
The ALTERNATE ELECTORS CERTIFICATES, filed by the Trump Elector Nominees (and “Replacements” to Elector Nominees who refused to cast Electoral Votes with other Trump Elector Nominees) COULD be such evidence referenced in the subsection of 18 USC 1512 covered by this SCOTUS decision. She is trying to help keep Smith’s prosecution of Trump alive.
“(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,”
Again, nothing related to Alternate Elector Certificates (“Certificates of Votes” as opposed to a “Certificate of Ascertainment” signed and sealed by the Governor of a State) could possibly be covered by the above paragraphs to 18 USC 1512, but it MUDDIES THE WATER, which is part of what LAWFARE is all about.
WATCH:
https://www.bitchute.com/video/YLaFjOa3GPFu
Actually, there is something Congress does that falls under the definition of “official proceedings.” This is a total list from 18 USC 1515:
“(a)As used in sections 1512 and 1513 of this title and in this section—
(1)the term “official proceeding” means—
(A)a proceeding before a judge or court of the United States, a United States magistrate judge, a bankruptcy judge, a judge of the United States Tax Court, a special trial judge of the Tax Court, a judge of the United States Court of Federal Claims, or a Federal grand jury;
(B)a proceeding before the Congress;
(C)a proceeding before a Federal Government agency which is authorized by law…”
In Paragraph (B) we see “a proceeding before the Congress.” What kind of “proceeding before the Congress” includes: the gathering of evidence; the testimony of witnesses; and similar activities? CONGRESSIONAL HEARINGS are “proceedings before the Congress,” and the only “proceedings before the Congress” that involve such matters are covered by 18 USC 1512—destruction of EVIDENCE, tampering with EVIDENCE; tampering with WITNESSES, etc., etc.
Therefore, the only CONGRESSIONAL PROCEEDINGS that could possibly fall under 18 USC 1512 are CONGRESSIONAL HEARINGS in which Congress conducts investigations to determine if legislation is required or during Impeachment hearings. None of these things take place in a Joint Session of Congress to count Electoral Votes.
There is no “Definitions” section to 18 USC 1512, because it is housed in 18 USC 1515, a related statute.
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Seems to me SCOTUS punted on Chevron by ensuring that the judiciary will be intimitately in control of decisions regarding what laws as written allow vs what is not provided for. With the judiciary being subject to the same intimidations and ideological influences as any other human being (i.e. Judge Merchan, Ergoran, J6 judges), haven’t they just transferred the specifics of law-making to the judiciary?
I would be interested in other viewpoints.
My response to Garland’s response : Why isn’t Garland in jail yet??? “No one is above the law.” Praying he is treated with the same “justice” he extends to others.
What does this “Chevron Deference” ruling mean for election integrity?
First, the locals and states can throw out the Albert Sensors and tell DHS & CISA to beat it.
If there is no statue granting the authority, then the agency don’t have it.
Second, the same frame can be applied to the state agencies that boss the local county officials. If a state law does not outline the authority, then the locals are empowered to carry out elections the best way they see fit.
The local election officials are the ones closest to and therefore accountable to the people they represent.
It’s really hard to get excited about these things these days. Biden has already made it clear that he doesn’t care what SCOTUS says, that he’ll do whatever he likes to anyway, and nobody else in govt. is even uttering a complaint about it.
In a major 6-3 ruling, the Supreme Court has finally addressed the expansive regulatory use of executive agencies to create law through interpretation. The 40-year-old Chevron ruling granted the executive agencies of government the ability to interpret laws and apply restrictions/regulations based on their own rules and definitions therein.
Great, but BOTH of these are oh so conveniently just in time to prevent a Trump administration from using same for payback, right? NOT that they would, but just in case.
They throw us a few bones like this and overturning the clearly garbage Roe vs Wade decision which should have fallen LONG ago, but they DODGE any TRULY dangerous issue which might reduce The Blob’s power to control, as with the uniformly trashed by legal experts Murthy v. Missouri 1st Amendment case or any which threaten the very legitimacy of effectively owned “elected” officials, like any election fraud challenges. “NO STANDING! GO AWAY!”
Pffft!
Change
“as with the uniformly trashed by legal experts Murthy v. Missouri 1st Amendment case ”
to
“as with their uniformly trashed by legal experts view on the Murthy v. Missouri 1st Amendment case “
Every time I see Kagan’s mug, I think of The Twilight Zone episode: THE MASKS.
These were good decisions.
2025 we will use all tools available to hold these Crap Weasels accountable and have them face the appropriate consequences for their illegal actions
2025 we will use all available tools to hold accountable these criminal Crap Weasels for their attack on the constitution and US Citizens with Lawfare.
We will ensure that those responsible face appropriate consequences for their illegal actions
I think the reason why the Enron statute should not be used in the J6 prosecutions, nor in the Jack Smith J6 related indictment against Trump, not for the reasons cited by SCOTUS, but because the term “OFFICIAL PROCEEDING” only refers to “OFFICIAL COURT CASES (PROCEEDINGS) and not such events as the Electoral Vote Count by the Joint Session of Congress. The fact that this statute came about from what took place during the ENRON prosecution, which was a criminal prosecution, and involves ONLY destruction of documents to be used as evidence in a COURT proceeding tells us the intent of Congress was to criminalize manipulations and destructions of documentary evidence being used in the Enron criminal prosecution, and never intended to do anything to do with the Joint Session of Congress counting the Electoral Votes of each state.
If anyone can find anything in this statute that references a Joint Session of Congress to count Electoral Votes as being one of the covered “Official Proceedings” please let me know.
https://www.law.cornell.edu/uscode/text/18/1512
This leaves only two statutes to Smith’s prosecution of Trump for the J6 events. One is 18 USC 241, and I have already complained about that one on more than one occasion. It has to do with PHYSICAL acts of what would later be defined as terrorism about a century later. It is sometimes called “The Ku Klux Klan Law.” Smith accuses Trump of committing and attempting NON-VIOLENT acts to hijack the Electoral Vote. The other remaining statute is the Federal Contractor Law, or 18 USC 371, which deals with federal contractors defrauding USGOV. Trump wasn’t a federal contractor.
There were NO CRIMINAL ELEMENTS in the Electoral Count Act. I warned some of the Libs at Twitter about this, that they might not like some of the things Smith accused Trump of doing, but I couldn’t find anything in the Federal Criminal Code (Title 18) that dealt with any of it. Unless Smith could come up with something that accurately FIT what Smith considered “offenses” committed by Trump, then his prosecution should be thrown out.
Sec. 1512 was meant to deal with defendants who attempt to thwart government prosecution by destroying documents & refusing to turn over documents. It has nothing to do with protests, riots & the like. And the DOJ has only applied this to J6ers & Trump, not to other protest groups vandalizing the WH, federal bldgs., etc.
Merrick Garland is a dweeb who should be in jail for withholding the Hur tapes. He can go rot in Hell for destroying the lives of mostly peaceful people who were voicing their opinion on a stolen election.