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Well, this is the day that January 6 political prisoners have been waiting for—the day the United States Supreme Court announced it could wipe out over 300 felony convictions with one fair and constitutional ruling on the 1512(c)(2) charge. As with everything related to January 6th, this charge is convoluted, overly complicated, and a “backdoor” way for the regime to secure convictions against non-violent Americans. And don’t forget, Jack Smith’s J6 case against President Trump hinges on this ruling as well.
Former Trump attorney William Scarf shared the news on X:
MASSIVE news out of the Supreme Court this morning.
The Court will hear Fischer v. United States, a January 6 case challenging the scope of section 1512(c)(2), which criminalizes obstruction of an official proceeding. Two of the four charges President Trump faces in his DC case involve 1512(c)(2).
That section, first passed as part of Sarbanes-Oxley in 2004, has typically been used to prosecute destruction of evidence or similar conduct. Its applicability to alleged obstruction of the electoral count process has been hotly contested since the start of the January 6 prosecutions, and the DC Circuit split sharply on the issue.
This is a huge deal, with potentially major ramifications for many January 6 defendants as well as for President Trump.
MASSIVE news out of the Supreme Court this morning.
The Court will hear Fischer v. United States, a January 6 case challenging the scope of section 1512(c)(2), which criminalizes obstruction of an official proceeding. Two of the four charges President Trump faces in his DC case… pic.twitter.com/8R8GmudItA
— Will Scharf (@willscharf) December 13, 2023
Here’s a closeup of the image:
Investigative reporter Julie Kelly, who, like Revolver, has been fearlessly covering the January 6 “fedsurrection” plot, also announced the good news today on X and added some very interesting and colorful context:
HOLY SH*T: Supreme Court will review 1512(c)(2), obstruction of an official proceeding case.
This is felony used against 300+ J6ers and represents half of Jack Smith’s indictment against Trump.
If SCOTUS determines DOJ has misused the statute…will be a game changer.
This is a day so many J6ers have been waiting for. Lives destroyed, people rotting in prison. All bc Biden’s DOJ abused a post-Enron evidence tampering statute. And what will Jack Smith do now? 2 of 4 counts in his indictment in jeopardy. This is potentially more impactful than immunity issue. Will he drop the 1512c2-related counts? Will he seek a superseding indictment with other charges? Trump’s lawyers presumably will file a motion to dismiss those counts. Never a boring day!
HOLY SH*T: Supreme Court will review 1512(c)(2), obstruction of an official proceeding case.
This is felony used against 300+ J6ers and represents half of Jack Smith's indictment against Trump.
If SCOTUS determines DOJ has misused the statute…will be a game changer.
My…
— Julie Kelly 🇺🇸 (@julie_kelly2) December 13, 2023
As Julie points out, this move by the Supreme Court didn’t take the DOJ by surprise; they saw it coming. In fact, Matthew Graves, the two-bit regime attack dog prosecuting J6 political prisoners in DC, actually stopped using the charge altogether.
DOJ suspected this was coming. Since the muddy appellate ruling issued in April on proper use of 1512c2 in J6 cases, Matthew Graves has basically stopped using the charge. https://t.co/veJfZMyS1k
— Julie Kelly 🇺🇸 (@julie_kelly2) December 13, 2023
Julie masterfully dissects the use of the 1512(c)(2) charge by the regime. She explains its application not only against the January 6th political prisoners but also as a tool aimed at targeting President Trump.
Jack Smith is sweating bullets right now.
In Washington, D.C., prosecutors are using a financial crimes statute passed by Congress in 2002 in response to the Enron scandal to bring felony charges against hundreds of Jan. 6 defendants, including Trump and Robertson. Lawyers for both and for other Jan. 6 defendants argue the law is being misapplied. The controversy could soon wind up before the Supreme Court.
Defense attorneys say the government is using the power of law enforcement to misinterpret, and even weaponize, nebulous language in the legal code.
In three separate motions filed on Oct. 23, Trump’s lawyers repeatedly raised objections based on the “vagueness” factor of the four counts in Special Counsel Jack Smith’s Jan. 6 criminal indictment against Trump. Those four charges are: conspiracy to defraud the United States, conspiracy to obstruct, conspiracy against rights, and obstruction of an official proceeding.
“President Trump’s alleged conduct — publicly and politically disputing the outcome of the election, attempting to convince Congress to act, and allegedly organizing alternate slates of electors — falls outside the plain language of the charged statutes,” John Lauro, Trump’s lead attorney in the Jan. 6 case, wrote in a motion to dismiss the charges.
Clearly, the DOJ has gone out on a massive limb in its pursuit to persecute, harass, and bother President Trump and his MAGA supporters. The time has come for the courts to decisively step in and cut down that overreaching limb.
Politico has an even more detailed story on the Supreme Court’s decision here.
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