Today, the U.S. Supreme Court will take up Fischer v. United States, a case that could fundamentally change many cases of January 6th defendants, including the prosecution of former president Donald Trump. The case involves the interpretation of a federal statute prohibiting obstruction of congressional inquiries and investigations.
The case concerns 18 U.S.C. § 1512(c)(2), which provides:
“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.”
Joseph Fischer was charged with various offenses, but U.S. District Judge Carl J. Nichols of the District of Columbia dismissed the 1512(c)2 charges. Judge Nichols found that the statute is exclusively directed to crimes related to documents, records, or other objects.
The D.C. Circuit reversed and held that Section 1512(c)(2) is a “catch all” provision that encompasses all forms of obstructive conduct. Circuit Judge Florence Pan ruled that the “natural, broad reading of the statute is consistent with prior interpretations of the words it uses and the structure it employs.” However, Judge Gregory Katsas dissented and rejected “the government’s all-encompassing reading.”
The Court will now consider the question of whether the U.S. Court of Appeals for the District of Columbia Circuit erred in construing 18 U.S.C. § 1512(c), which prohibits obstruction of congressional inquiries and investigations, to include acts unrelated to investigations and evidence.
The law itself was not designed for this purpose. It was part of the Sarbanes-Oxley Act of 2002 and has been described as “prompted by the exposure of Enron’s massive accounting fraud and revelations that the company’s outside auditor, Arthur Andersen LLP, had systematically destroyed potentially incriminating documents.”
Oral argument is today and I will be covering the arguments on X (Twitter).
https://twitter.com/EndWokeness/status/1780278701516595237
Supreme Court Justice Gorsuch nukes Joe Biden’s DOJ over January 6th sentences:
Gorsuch lists multiple cases of folks who “obstructed a Congressional proceeding” without receiving a 20 year sentence.
1. Sit-ins at a trial (Kavanaugh protests)
2. Pulling a fire alarm (Rep. Bowman)
3. Hecklers in the crowd (Palestine)
4. Mostly-peaceful protests (BLM)
Julie Kelly 🇺🇸
@julie_kelly2
“As I noted yesterday, Elizabeth Prelogar totally misrepresented (lied?) how DOJ routinely handles sentencing requests for those convicted of 1512c2.
Under questioning from Kavanaugh about prison sentences, Prelogar tried to make it sound like 1512c2 defendants with other nonviolent offenses (common misdemeanors) only get about 24 months in jail.
She quickly mentioned the “Brock” case–referring to Larry Brock, a man from Texas convicted at bench trial of 1512c2 and 5 misdemeanors–and the “enhancement” recently overturned by DC appellate court in 1512c2 convictions.
So what did DOJ ask for in Brock case? Not 24-26 months as Prelogar attempted to mislead Kavanaugh into believing.
NO–DOJ asked for 60 months in prison.
This is far more representative of what DOJ has requested in similar cases. And yes it included the now unlawful enhancement but that was the enhancement DOJ ASKED FOR.”
“Obstruction” is a blank check for le – I have a criminal record bc allegedly I obstructed le by calling the admin line to learn why cops at my neighbors. At trial the judge never asked for proof of actual obstruction – even made up for the prosecution ev8dence that I’d even called at all- the govt didn’t even bring their call log to the trial. I could of and should of appealed- on principal but lower court judge tho finding me guilty – refused to sentence me 5 days in jail. Where they’d of n9 doubt treated me poorly. I could afford thec700 fine and paid it – lest retrial and double jeopardy- . Yet learned 8n prep what a “blank” check obstruction is. The rule of lienity ought to militate against it. Like here the district Court found – we should all meet no matter our stripes that obstruction can’t be a blank check to silence. Worse her djt was the only person under an oath – to preserve and protect our constitution. As to the election is not contingent on evidence of wide spread fraud ….merely contingent on deviations from the law.
We all 25% of employees in America- we all take an oath to support and defend the constitution. The president our 3rd branch tak3s an oath to preserve and defend its. Something more than mere support and defend. Imm so sick of the lefts touch stone of “no wide spread evidence” of fraud – when no one looked into fraud even. But for the presidency to preserve and protect – doesn’t need wide speed fraud hurdle to be doing his job. Alito gave him such a win in penn- when laws were deviated from. And ga laws are totally deviated from – they allow xcon dl mills but motor voter gets them all registered – and the ballots go to the mills. Xcon out out of state ain’t looking for the ballot – not going to lie for election felony – but lies for dl – so he can show one for a job! Why we stifling criminals who have done their time with further exile? They did their time – we drive them into more crime – not that they be recidivism but we excile with no compassion. Djt can win. His cases in GA- just show their dl mills for alabama cons…easy 3 fold the count he be looking for absentee ballots send to the dl mills. Motor voter.
Professor Turley, the “fake” and political hush money trial of President Trump in N.Y. is not “ABSURD,” the democrats are using it effectively to “fix,” “rig,” and steal another election, just like they stole 2020.
How about Bill Clinton’s $850,000 payoff to Paula Jones ? He was never arrested for that…. wonder why ??? /s
Hush Money Trial Update:
Trump Faces Awkward Revelations
Prosecutors on Monday secured permission from the judge to admit evidence connected to Mr. Trump’s overall political strategy in 2016. Much of it bears the former president’s imprint: aggressive tweets, false denials, coordination with a tabloid publisher and more.
One example is Mr. Trump’s relationship with The National Enquirer tabloid and its publisher, David Pecker, who is expected to appear as a witness.
The Manhattan district attorney’s office obtained permission from the judge to introduce evidence related to a 2015 meeting among Mr. Trump, Mr. Pecker and Mr. Trump’s former fixer, Michael D. Cohen. A prosecutor, Joshua Steinglass, said on Monday that the three men had “conspired to influence the 2016 election.”
That meeting laid the groundwork for hush-money deals with a porn star, Stormy Daniels, and a Playboy model, Karen McDougal. But another result of that meeting, Mr. Steinglass said, were explosive headlines about Mr. Trump’s opponents in the Republican primary, including those claiming that Ben Carson had committed “medical malpractice” and that Senator Ted Cruz had a “family connection to J.F.K.’s assassin.”
https://www.nytimes.com/2024/04/16/nyregion/trump-trial-tactics.html
…………………………………..
One might argue that Donald Trump and The National Enquirer were made for each other. And apparently the Manhattan D.A. is going to argue just that! How shabby it shall look when voters learn that Trump leaned on The Enquirer for help.
ATS – do you think proving this is illegal election interference serves your interests ?
At least one poll has 78% of people saying the trial is rigged. Even New York Times is reporting that Biden is in the WH ranting
“Will no one rid me of this meddlesome man?” Si when Trump says over and over – this is all Joe Biden’s doing – it resonates.
I could attack Merchan further for allowing even more inadmissible evidence – but honestly – WHO CARES ?
You, democrats, the left, the judge, Brag are doing such a wonderful job of proving how corrupt you are.
You trapped Trump in NY for the next 2 months – so he went to Harlem today to Campaign – where he got larger crowds than Biden gets anywhere. Trump is talking about winning New York. That is unlikely, but He can make Democrats have to campaign their and waste money there. Further Trump’s the border is a disaster and this is harming New Yorkers with higher crime AND taking working class jobs is a theme that plays well in Democrat working class neighborhoods – like Harlem.
Regardless, You have guaranteed Trump news coverage everyday on the way into the trial, every day on the way out, and then when he does a campaign event in New York.
You have guaranteed video of Trump supporters everyday in Manhattan.
The Secret Service will be there and the NYPD will be there,
And probably before the end of the Trial some left wing nut will do something stupid and violent.
If you desparately want to drag out the trial with lots of Evidence of perfectly legal activity – go for it.
Was Hillary Indicted and tried for the Hoax Steele Dossier that she bought and paid for ?
If election strategy is on the table – why arent Biden and Clinton in Jail ?
Trump paid Daniels for her story – Biden and Biden supporters just used various government agencies to threaten Social Media to kill the Hunter Biden laptop story in 2020.
Pretty much the entire GOP is behind Trump at the moment – not because they all love Trump. But because the lawfare is so transparently weaponized and transparently bad that every consequential republican KNOWS that what is being done to Trump can be done to them.
It is increasingly evident to the entire country that Biden can not govern, can not campaign, can not debate. Can not even do a press conference without having the questions and answers scripted – and even then it blows up most of the time.
We now have Biden taking the Baby stairs into Air force one – because otherwise he trips everytime. And he is STILL tripping.
But the Biden is mentally and physically incompetent theme is really not all that important – because someone is running the counry and they are doing a piss poor job of it.
Inflation was higher for the last 3 months straight. Not alot higher – but enough that there is no chance that the Fed will lower interest rates, and that means the economy will be worse in November than now. We have gone from Bidenomics to Bidenflation.
Joe Biden had the opportunity in Jan 2021 to be a hero, to win re-election in a landslide. All he had to do was …. NOTHING.
He did not even need to be competent. The country was on a glide path to pretty much everything getting better.
We have known for 250 years how to assure that things get better.
“Little else is requisite to carry a state to the highest degree of opulence from the lowest barbarism but peace, easy taxes, and a tolerable administration of justice: all the rest being brought about by the natural course of things.”
― Adam Smith
Instead Biden and democrats had to try to fundimentally transform the country – And they have FAILED.
They have the reverse midas touch – everything turns to Schiff.
Americans are is drowning in debt due to inflation. Biden is hoping Americans focus on Trump instead of Biden’s damaging presidency. No wonder Civil War is in the air
“Bank of America profits plunge 18% due to rise in customer credit card delinquencies – as company prepares for MORE Americans to miss payments amid red-hot inflation”
America’s combined household debt shot up to $17.5 trillion at the end of 2023
https://www.dailymail.co.uk/yourmoney/banks/article-13315943/bank-america-profit-hurt-losses-credit-cards.html
Floyd, medical bills are the leading cause of credit card debt. Yet Republicans still want to repeal Obamacare.
You need a cite for that. Not that it cant happen. But you have to be very stupid. Medicos are required to carry the balance with little or no interest.
iowan
Aninny made that up. And it doesn’t even make sense. If Obamacare is so great, why all the CC debt? LMAO
Obamacare is irrefutably unconstitutional.
Underfunded Medicare, unfunded Medicaid, and Obamacares are the primary forcings of shared responsibility through progressive prices sustained through the model of single/central/monopolistic practices.
OT
AH, JUSTICE IN AMERICA
All the normal, sane, and rational people raised their hands and went home when asked if they could NOT be impartial in the communist “show trial” of President Donald J. Trump.
All the base, abject, covetous, and desperately jealous weirdos, freaks, and anti-American, anti-Trump communists in New York couldn’t wait to get on the jury, kept their hands down, and lied their a—- off for this once-in-a-lifetime opportunity to “stick it to the man,” actual Americans, and America.
Biden cheat sheet for Iraq PM meeting caught on camera — including instructions to ‘pause’
https://nypost.com/2024/04/15/us-news/biden-cheat-sheet-for-iraq-pm-meeting-caught-on-camera-including-instructions-to-pause/
Can you say Hillary “BleachBit” Clinton 30,000 times?
Can you say Hunter “Contempt of Congress” Biden?
Can you say “Pro-Palestinian protester interrupts Senate” on NBC News?https://youtu.be/NX_Lg2H8Lmo
If the term “official proceeding” is read literally, it would encompass the annual Congressional baseball game between the two major parties. If you were a spectator and yelled “Kill the Ump”, would you be classified by the FBI as a domestic terrrorist? Probably yes, if you were a supporter of the Republican team.
Congress limits the coverage of § 1512 to official proceedings. 18 U.S.C. § 1515(a)(1) defines “official proceeding” as:
– a proceeding before a judge or court of the United States, a United States magistrate, 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 Claims Court, or a Federal grand jury;
– a proceeding before the Congress; or
– a proceeding before a Federal Government agency which is authorized by law; or
– a proceeding involving the business of insurance whose activities affect interstate commerce before any insurance regulatory official or agency or agent or examiner appointed by such official or agency to examine the affairs of any person engaged in the business of insurance whose activities affect interstate commerce.
How would the annual Congressional baseball game be an “official proceeding”?
Come on, man.
Come on, man, how would it apply to the counting of electoral votes? There is no evidence or testimony being presented.
So the failure of Pelosi’s J6 Committee to preserve their work product for review & use by Committees of the following (i.e., current) Congress, which obstruct & delay the official work of those committees, should qualify as felonies under that statute.
If not, why not?
The law, 18 U.S.C. § 1512(c)(2), has been violated repeatedly by the January 6th Committee, the FBI, the CIA, and the DOJ. All of them have “corruptly [] alter[ed], destroy[ed], mutilate[d], [and] conceal[ed] record[s], document[s], [and] other object[s], or attempt[ed] to do so, with the intent to impair [each] object’s integrity or availability for use in an official proceeding.”
All members of the January 6th Committee, the FBI, the CIA, and the DOJ “shall be fined under this title” in the amount of $150 million per person and “imprisoned [for] 20 years[.]”
How about pulling a fire alarm to delay a hearing? Are active members of congress exempt?
Alito asked specifically about pulling a fire alarm during oral argument.
If Alito fails to uphold the DC Circuit’s textualist reading, it would be directly contrary to his opinion in Ledbetter v. Goodyear Tire & Rubber, in which he responded to Ginsburg’s statutory purpose-driven argument re: Title VII by arguing that it is wrong to infer a general purpose that can override something more specific, as provided in the text of a statute.
Other examples include his disagreement with Roberts in Gomez-Perez v. Potter (where Roberts appealed to different purposes of antidiscrimination and retaliation claims).
AH, LIFE’S LITTLE IRONIES
Secession is not prohibited by the Constitution; therefore, secession is prohibited by the Constitution.
Every act of “Crazy Abe,” subsequent to his illicit and unconstitutional denial of fully constitutional secession, is similarly illicit and unconstitutional, including, but not limited to, the antithetical and unconstitutional “Reconstruction Amendments,” ideations of one Karl Marx, Lincoln’s fellow traveler.
Heh! That is what I was going to say! He would be more of an example than tourist wandering the halls.
Jonathan: Well, it’s the second day of jury selection in DJT’s criminal trial in Manhattan. DJT was bored with much of went on yesterday because he nodded off. And Todd Blanche, DJT’s attorney, got slapped down several times by Judge Merchan.
First, Blanche argued with the Judge over the gag order. Prosecutors told Judge Merchan DJT should be held in contempt. Blanche objected saying his client was just “defending himself”. Merchan responded: “Point me to the portion of the gag order [that says] there’s an exception to the gag order if Mr. Trump feels he’s being attacked”. With that Judge Merchan said he will hold a hearing next week on DJT’s continued attacks on witnesses and whether to impose fines. Expect to see some monetary sanctions first. If DJT continues to attack witnesses or a family members of court personnel I would expect DJT will find himself in a jail cell for a day in the bowels of the courthouse.
Then the prosecutors told Judge Merchan that DJT had not yet designated one exhibit to presented at trial for the defense. Blanche pleaded exhaustion–“I have been very busy”. Merchan was immediate in his response: “The defense team was very busy actively filing numerous motions, some of which were really motions to renew and reargue decisions that this court had already made. So you are going to use your time, and that’s fine. That’s your decision. You have 24 hours. Whatever is not received by the People in 24 hours will be precluded. Period.” Pretty harsh? Nope. Blanche has had over a year to prepare the case and provided prosecutors with proposed defense exhibits. Time has run out! Another reminder from my previous comment that BlancheLaw is a mom and pop operation with only three partners and a handful of paralegals and other assistants. You wouldn’t see this happen if DJT were represented by a top of the drawer law firm. You get what you pay for because no self-respecting large law firm in NY would agree to represent DJT.
Finally, Blanche asked Judge Merchan for an adjournment so DJT could attend Barron’s high school graduation. Judge Merchan said he would consider the request–giving DJT a day off to attend the graduation. But he indicated it would depend on the progress of the trial. But DJT was quick to distort what Merchan said. On “X” DJT loudly declared: “We had some amazing things happen today. As you know, my son is graduating from high school. It looks like the judge will not let me go to the graduation…”. Even Eric Trump added to his dad’s spurious claim: “Judge Merchan is truly heartless in not letting a father attend his son’s graduation”. This is all meat for the MAGA crowd who declared Judge Merchan is “evil”.
So we are just in the second day of trial and DJT is already lying about what is happening. We can expect a lot more of this as the trial proceeds. DJT expects special treatment from Judge Merchan. That won’t happen!
This is all just a kangaroo court so what does any of this matter?
Yeah right, when the Dear Leader is back in power, we won’t have the courts, just whatever the Dear Leader says the law is…..right?
No.
The only one violating the law is Biden. The Supreme Court said he could not forgive student loans, he’s doing it anyway, to the tune of over $143 billion. Then, as usual Biden brags about ignoring the constitutional ruling of the Supreme Court. Our southern border is wide open. This is another unconstitutional action by Biden. He is required under article 2. “he shall take care of the laws be faithfully executed” we could tell by the millions of illegal aliens out across the border that Biden is not following the laws that Congress is created. And probably the worst thing of all is Biden states that the constitution is not absolute. When in fact, article 6 Requires that he “support this constitution”. Our constitution is not a suggestion and by not upholding our constitution he is in violation of the supreme law of the United States.
What we truly have is a man who cares more about filling his pockets, full of money versus a man who loves this nation and is taking the brunt of Attack upon himself to preserve our country and our constitution.
You’re funny.
…no self-respecting large law firm in NY would agree to represent DJT.
Yup, ain’t unspoken but crystal clear intimidation a wonderful thing to behold in one-party places like the old USSR, China now , and the Borough of Manhattan? Under the omnipresent shadow of that island’s cobalt blue judiciary, no self-respecting law firm or bond company dared to engage in suicidal deviationism. Nor would I.
No, the question is why does Judge Merchan believe HE deserves special treatment?
Why does Merchan believe HE is above the law?
Biden donor Merchan has legal and ethical DUTY to recuse himself since his impartiality, and clear conflicts (daughter making millions off the case), can be MORE than reasonably questioned by most of the country – and the world, for that matter. The world is watching Merchan as he gags a former president/criminal defendant, while allowing CLEAR ELECTION MEDDLING & INTERFERENCE – all to the benefit of Joe Biden.
Waiting for these wrongs to be corrected in the appeals process is wrong.
Dems are hanging Trump now.
What they are doing is WRONG.
Why is this being allowed to proceed?
$15…. he donated a big mac to joe. That’s the hill you want to die on?
More like the windfall cash infusion for his daughter, raising money for those against PDJT
Dennis – This is what Trump did after sitting thru the Sham Communist Show Trial all day —->
“HAPPENING NOW: President Trump visits Sanaa Convenient Store in Harlem
This is where Jose Alba was robbed, attacked, and wrongfully accused of murder by D.A. Alvin Bragg after being forced to defend his life!
People chant “FOUR MORE YEARS” and “We Love Trump”
I listened with great interest to the oral arguments before SCOTUS on April 16. Whether SCOTUS adopts the broad interpretation favored by DOJ, or the narrow interpretation favored by the appellant, this statute appears directly applicable to the actions of Pelosi’s J6 Committee to obstruct access of subsequent Congressional Committees to the evidence & interviews assembled, gathered, et. al., by said J6 Committee. Seems like we SHOULD see criminal referrals against Liz Cheney, Adam Kinzinger, Bennie Thompson, etc. for their evidence destruction / tampering / failure to preserve said evidence. But exceedingly unlikely that Biden DOJ would pursue such criminal referrals if they are made.
It does appear destruction of evidence has become a strategy not a crime anymore.
According to USA Today, there was no “destruction of evidence”:
“An Aug. 9 Facebook post (direct link, archive link) shows clips of several members of the House committee that investigated the Jan. 6 attack on the U.S. Capitol.
“Now that the J6 Unselect Committee has been caught destroying their records, let’s see what they said in their own words about destroying evidence during their made-for-TV show trial of President Trump,” reads part of the post.
It was shared more than 300 times in 12 days. Similar versions of the claim have been shared on other social media platforms by former President Donald Trump and by Rep. Lauren Boebert, a Colorado Republican.
Our rating: False
The Republican congressman overseeing the investigation into the committee’s work has not said any records were destroyed, and there have been no reputable reports of such destruction. What Rep. Barry Loudermilk of Georgia did say is that some video recordings are missing, and he does not know what happened to them.”
The video recordings all have transcripts. Just more alt-right lies for the disciples.
The concealing of evidence behind passwords, is obstruction. Secreting existing video is obstruction.
In my opinion, the two words that are key in the federal statute are “official proceeding”. It is what defines the statute as being specific to proceedings instead of all-encompassing.
18 U.S.C. § 1512(c)(2), which provides:
“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.”
And so we now see that Hillary Clinton violated 18 U.S.C. § 1512(c)(2) with her funding Russiagate, and consequently it is she who should be charged, tried, and if found guilty, hung, drawn and quartered. It applies to all who conspired with Hillary with “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 coup of President Trump”
Absolutely! The time has come to hold all who undermined President Trump’s presidency and hold them accountable to the dictates they (Obama, Hillary, Biden, Deep State) have held others. Most Americans have a dismal view of the Federal government so the time is right.