The Supreme Court ruled Friday that the government cannot prosecute January 6 defendants under 1512(c)(2), the “Enron” statute, for generally obstructing “an official proceeding” unless they interfered with objects or documents.
The bombshell decision could result in hundreds of convictions against non-violent January 6 defendants being overturned — and could result in at least some charges being dropped against President Donald Trump as well.
1512(c)(2) was passed after the Enron scandal, when it was discovered that federal law had a loophole: it was illegal to instruct others to destroy evidence, but not illegal to destroy evidence oneself. Consequently, Congress passed a law prohibiting tampering with witnesses or evidence that is to be used in an “official proceeding.” The Department of Justice used that law to prosecute participants in the Capitol riot based on the idea that they had “obstructed” an official proceeding — i.e. the certification of the Electoral College vote in the 2020 presidential election. But critics said that 1512(c)(2) had never been intended to apply to protests or other First Amendment-connected activities.
In a 6-3 decision, with the majority opinion written by Chief Justice John Roberts, the Court overruled the (heavily anti-Trump) D.C. Circuit and said that 1512(c)(2) could not be used as broadly as the Department of Justice had done. more here
A breath of sanity in a hurricane of chaos?
mortem tyrannis
izlamo delenda est …
This illegitimate “administration” being itself illegal, generally doesnt care about laws and has ignored Supreme Court rulings before. I would expect this to be no different.
If anything, they will double down.
They will not stop until they ARE stopped.
Communists never do.
Yeah, I don’t think that will stop them.
Pretty insane that they would take a law created to ensure financial integrity and somehow apply it to what happened on January 6. But that’s how evil people roll.
Lives have been ruined and the right to assemble and redress your gov’t is chilled.
I agree that nothing changes because there are no consequences for the un-elected, permanent DC swamp.
I thought it was legal to destroy evidence. Dems have been doing it for years. Remember bleach bitch herself.
And he said, Woe unto you also, ye lawyers! for ye lade men with burdens grievous to be borne, and ye yourselves touch not the burdens with one of your fingers.
Luke 11:46
They’ll dredge up some other bullshit reason to keep the J6ers in jail. The democrats are full on evil totalitarians, just like all small, stupid people with too much power become in the end. The democrats are an entire political party of total cunts.
Hate! It has a distinct taste in one’s mouth and will get in your throat choking you to death. The democrats are experiencing this in all that they do to us and it will ultimately destroy them or the country. Hopefully the former.
“Congress passed a law prohibiting tampering with witnesses or evidence that is to be used in an “official proceeding.” The Department of Justice used that law to prosecute participants…”
Shouldn’t Jack Smith be prosecuted under this law for losing and rearranging documents seized at Mar-a-Lago?
That’s a rhetorical question, of course.
When was the last time democrats actually obeyed a Supreme Court ruling they disagreed with. Go ahead, I’ll wait. The J6 political prisoners will be there until when and if Trump is elected.
And John Roberts refused to hear Steve Bannon’s appeal for his contempt of an illegal congressional committee. This Supreme Court is going to get whiplash from changing direction so many times. Only Clarence Thomas follows the constitution consistently.