Supreme Court Rules In Favor Of Jan. 6 Defendant

The U.S. Supreme Court docket has issued a ruling that seemingly serves one function, which is to restrict which defendants accused of collaborating within the Jan. 6 Capitol riot may be charged by federal prosecutors with obstructing Congress—which was your complete level of the Jan. 6 Capitol riot.

From NPR:

In an opinion by Chief Justice John Roberts, the court docket dominated that the federal government should set up “that the defendant impaired the supply or integrity to be used in an official continuing of data, paperwork, objects, or different issues utilized in an official continuing.”

Prosecutors used a key felony statute to prosecute greater than 350 of probably the most violent members within the riot.

The statute had two components. The primary half makes it a criminal offense to corruptly alter or destroy paperwork and data associated to an official continuing. The second half makes it a criminal offense to in any other case impede or impede an official continuing—on this case, the congressional counting of the electoral faculty ballots.

Roberts mentioned the statute was restricted to paperwork and proof destruction, and that the phrase in any other case was not meant to broaden the which means of the regulation right into a catchall provision.

So, I’m no skilled on federal regulation, but it surely actually looks as if Roberts’ opinion is that the second a part of the statute doesn’t depend, which might imply it might’t be used to cost the general public who took half within the riot with obstructing Congress as a result of many of the rioters didn’t “destroy paperwork and data associated to an official continuing,” they solely allegedly tried to cease Congress from certifying the outcomes of the 2020 election, which, once more, was your complete level of the riot.

Because it appears sure individuals want a refresher on current historical past, the act of home terrorism within the U.S. Capitol solely occurred as a result of former President Donald Trump and the MAGA-fied GOP spent the months following Trump’s authorized and truthful election loss to President Joe Biden spreading election fraud propaganda based mostly on zero proof, and that unfold of misinformation prompted a mob of gullible MAGA minions to storm the Capitol constructing in an effort to cease lawmakers from making the election outcomes official. Some individuals would possibly name that an act of—what’s the phrase I’m on the lookout for?—obstruction. (Thoughts you, 147 Republican legislators voted to overturn the election based mostly on Trump’s “large lie” for which he and his authorized staff supplied zero proof to substantiate.)

In reality, the case was introduced earlier than the court docket by Joseph Fischer, a former police officer in a township close to Harrisburg, Pa., who not solely joined the mob that pressured its method into the Capitol constructing but additionally recorded himself actually yelling, “cost,” as he and different rioters had been rioting. He was additionally caught on video combating Capitol law enforcement officials.

Extra from NPR:

In keeping with prosecutors, Fischer, in textual content messages, additionally threatened violence previous to Jan. 6, together with sending a textual content by which he wrote, “take Democratic Congress to the gallows….can’t vote if they will’t breathe lol.” And when the FBI got here to arrest him later, he shouted profanities on the brokers and at his personal police chief, and he sought to hide the telephone he had used to file occasions on the Capitol.

So, in accordance with prosecutors, Fischer despatched textual content messages that indicated he deliberate to cease Congress from voting by means of violence, took half in a riot meant to cease Congress from voting by means of violence, and recorded himself instructing his fellow rioters to “cost” as they tried to cease Congress from voting by means of violence—but none of that constitutes obstruction, as a result of he didn’t destroy any official paperwork associated to the congressional vote throughout the violence geared toward obstructing the congressional vote. Is sensible.

It’s price mentioning that the roughly 350 defendants who’ve been charged with obstruction are a fraction of the greater than 1400 Jan. 6 defendants who’ve been charged with crimes associated to the assault, and authorized consultants informed NPR that the consequences of the choice will likely be “minimal.” Nonetheless, it simply appears odd that the court docket is deciding that obstruction isn’t obstruction except the destruction of paperwork is concerned. It’s nearly as if some terrorists have the complextion for cover and a few don’t. However, once more, I’m no skilled right here.