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Thread: Will SCOTUS throw out the bulk of the worst January 6th convictions?

  1. #1

    Will SCOTUS throw out the bulk of the worst January 6th convictions?

    Just saw this on Jimmy Dore.

    In the legal fallout from the riot, hundreds of prosecutions, each featuring a range of offenses, pummeled the U.S. District Court for the District of Columbia (“D.D.C.”) docket. One commonly charged crime, perhaps the most obvious, was obstruction of an official proceeding under 18 U.S.C. § 1512(c)(2).7Open this footnote
    7 About one-third of Capitol Riot defendants were charged with obstruction of an official proceeding. Jason Willick, This Jan. 6 Case Could Make U.S. Politics Even Worse, Wash. Post (Apr. 13, 2023, 6:03 PM EDT), Whereas some charges seemed too minor (surely the rioters did more than trespass) and others required proof of elements that many defendants may not have satisfied (such as assault and seditious conspiracy), obstruction hit the sweet spot.
    …Open this footnote

    In full, the statute provides:

    (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.8Open this footnote
    8 18 U.S.C. § 1512. Judge Katsas lays out the statute’s key components as follows:

    First are its actus rei verbs—the defendant must obstruct, influence, or impede. Second is the adverb otherwise, which qualifies the verbs by indicating some relationship between the covered obstruction and the acts prohibited by subsection (c)(1). Third is the direct object—the defendant must obstruct an official proceeding. Fourth is a mens rea requirement—in obstructing an official proceeding, the defendant must act corruptly.

    United States v. Fischer, 64 F.4th 329, 364 (D.C. Cir. 2023) (Katsas, J., dissenting).

    Also note that it's curious that none of the January 6th insurrectionists have been charged with insurrection

    More than 1,230 people have been charged with federal crimes in the riot, ranging from misdemeanor offenses like trespassing to felonies like assaulting police officers and seditious conspiracy. Roughly 730 people have pleaded guilty to charges, while another roughly 170 have been convicted of at least one charge at a trial decided by a judge or a jury, according to an Associated Press database.

    Only two defendants have been acquitted of all charges, and those were trials decided by a judge rather than a jury.

    About 750 people have been sentenced, with almost two-thirds receiving some time behind bars. Prison sentences have ranged from a few days of intermittent confinement to 22 years in prison. The longest sentence was handed down to Enrique Tarrio, the former Proud Boys national chairman who was convicted of seditious conspiracy for what prosecutors described as a plot to stop the transfer of power from Trump, a Republican, to Joe Biden, a Democrat.

    Many rioters are already out of prison after completing their sentences, including some defendants who engaged in violence. Scott Fairlamb — a New Jersey man who punched a police officer during the riot and was the first Jan. 6 defendant to be sentenced for assaulting law enforcement — was released from Bureau of Prisons’ custody in June.
    9/11 Thermate experiments

    Winston Churchhill on why the U.S. should have stayed OUT of World War I

    "I am so %^&*^ sick of this cult of Ron Paul. The Paulites. What is with these %^&*^ people? Why are there so many of them?" YouTube rant by "TheAmazingAtheist"

    "We as a country have lost faith and confidence in freedom." -- Ron Paul

    "It can be a challenge to follow the pronouncements of President Trump, as he often seems to change his position on any number of items from week to week, or from day to day, or even from minute to minute." -- Ron Paul
    Quote Originally Posted by Brian4Liberty View Post
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    The only way I see Trump as likely to affect any real change would be through martial law, and that has zero chances of success without strong buy-in by the JCS at the very minimum.

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  3. #2
    One can hope.
    “It is not true that all creeds and cultures are equally assimilable in a First World nation born of England, Christianity, and Western civilization. Race, faith, ethnicity and history leave genetic fingerprints no ‘proposition nation’ can erase." -- Pat Buchanan

  4. #3
    Quote Originally Posted by Occam's Banana View Post
    CLIP from SYSTEM UPDATE #258:

    SCOTUS Highly Skeptical of Biden DOJ's Jan. 6 Prosecution Theory
    {Glenn Greenwald | 17 April 2024}

    The Bastiat Collection · FREE PDF · FREE EPUB · PAPER
    Frédéric Bastiat (1801-1850)

    • "When law and morality are in contradiction to each other, the citizen finds himself in the cruel alternative of either losing his moral sense, or of losing his respect for the law."
      -- The Law (p. 54)
    • "Government is that great fiction, through which everybody endeavors to live at the expense of everybody else."
      -- Government (p. 99)
    • "[W]ar is always begun in the interest of the few, and at the expense of the many."
      -- Economic Sophisms - Second Series (p. 312)
    • "There are two principles that can never be reconciled - Liberty and Constraint."
      -- Harmonies of Political Economy - Book One (p. 447)

    · tu ne cede malis sed contra audentior ito ·

  5. #4
    They better. The J6 Committee destroyed a lot of evidence.
    "Perhaps one of the most important accomplishments of my administration is minding my own business."

    Calvin Coolidge

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