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Justices question obstruction charge against
Jan. 6 rioter in case that could affect Trump

Original Article

Posted By: Dreadnought, 4/16/2024 2:01:52 PM

WASHINGTON — Supreme Court justices on Tuesday raised concerns about the Justice Department's use of an obstruction statute to charge those involved in the Jan. 6 attack on the U.S. Capitol. The case that could have bearing on the election interference prosecution of former President Donald Trump. The justices heard an appeal brought by defendant Joseph Fischer, a former police officer who is seeking to dismiss a charge accusing him of obstructing an official proceeding, namely the certification by Congress of Joe Biden’s election victory, which was disrupted by a mob of Trump supporters. The law in question criminalizes efforts to obstruct, influence or impede any official proceeding.

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Reply 1 - Posted by: MsMontana 4/16/2024 2:17:14 PM (No. 1700486)
"I think it's in a fundamentally different posture than if they had stormed into this courtroom, overrun to the Supreme Court Police, required the justices and other participants to flee for their safety," Prelogar said." So the Capitol police were "overrun" when they opened the doors of the Capitol and gave guided tours into the chambers on Jan 6? I must not understand the meaning of "overrun."
16 people like this.

Reply 2 - Posted by: singermom9 4/16/2024 2:19:58 PM (No. 1700487)
Bowman did that when he pulled that fire alarm. But he is a dem, so, as the dems say "but THAT is DIFFERENT". Equal justice for all? NO justice or consequences for dem crimes but punitive justice for repubs.
14 people like this.

Reply 3 - Posted by: seamusm 4/16/2024 2:22:59 PM (No. 1700489)
Bogus charges - bogus lawfare - bogus convictions for behavior previously excused by leftist protestors. End it, PLEASE!
12 people like this.

Reply 4 - Posted by: Quigley 4/16/2024 2:44:46 PM (No. 1700505)
FTA: "Prelogar sought to persuade the justices that prosecutors are not charging people under the obstruction statute without careful thought." We thought about it for a long time and this is all we could think of, judgey-wudgey! So, cswertainly I'm sure. These evil clowns.
8 people like this.

Reply 5 - Posted by: thethirdruffian 4/16/2024 2:49:59 PM (No. 1700508)
In the Constitution, there is a prohibition of "ex post facto" crimes. That is, the crime has to be a law before you can be convicted of breaking it. Basically, no making something illegal after it is already done. An important aspect of "no ex post facto" protection is criminal statutes have to be read NARROWLY in favor of a potential defendant, such that, if a person could read it ahead of time and reasonably determine that what he or she is doing is not a crime, then it is not a crime. This is especially true if the prosecutor's approach is novel, never been done before, or being selectively applied. All of the Trump charges and all of the J6 charges are the polar opposite of this basic Constitutional protection. The prosecutors are trying twisted, obscure, version of the statutes, never done before, and only selectively applying them to their political opponents. It's absolute garbage and a travesty of the legal system.
17 people like this.

Reply 6 - Posted by: MissMann 4/16/2024 6:21:46 PM (No. 1700599)
Funny how it's only been used against the right...
0 people like this.

Reply 7 - Posted by: DVC 4/16/2024 6:27:50 PM (No. 1700606)
The charges are a bunch of bull.
1 person likes this.

Reply 8 - Posted by: mifla 4/17/2024 5:53:57 AM (No. 1700747)
Thank God Trump was able to make three SC appointments. I would hate to imagine our country if the Dems owned the entire judiciary. Looking forward to the whining of the lib justices when the conservatives win this one.
0 people like this.

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