Friday, June 28, 2024

SCOTUS Rules for Jan. Rioter Challenging Obstruction Charge

The Supreme Court on Friday ruled in favor of a former police officer who is seeking to throw out an obstruction charge for joining the Capitol riot on Jan. 6, 2021, in a ruling that could benefit former President Donald Trump.

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More: The court concluded that the law, enacted in 2002 as part of the Sarbanes-Oxley Act after the Enron accounting scandal, was only intended to apply in limited circumstances involving tampering with physical evidence.

The court sent the case back to lower courts for further proceedings on whether the Justice Department could still prosecute Fischer under the new interpretation of the law.

The statute in question, 18 U.S. Code 1512, carries a prison sentence of up to 20 years.

To what extent the ruling favors Trump remains to be seen. Prosecutors in Trump's case said that even if Fischer wins, Trump's conduct would still be covered by a narrower interpretation of the statute.

Fischer faces seven criminal charges, only one of which was the focus of the Supreme Court case. Even if the obstruction charge is ultimately dismissed, the other charges, including assaulting a police officer and entering a restricted building, will remain in place.

#1 | Posted by qcp at 2024-06-28 10:58 AM

"Attorney General Merrick Garland said he was disappointed with the ruling but insisted it was not a body blow to the overall investigation and prosecution of the riot at the U.S. Capitol.

"January 6 was an unprecedented attack on the cornerstone of our system of government " the peaceful transfer of power from one administration to the next," Garland said in a written statement.

"The vast majority of the more than 1,400 defendants charged for their illegal actions on January 6 will not be affected by this decision," he added, noting that not a single Jan. 6 defendant was charged solely with the crime at issue in the Fischer case.

"For the cases affected by today's decision, the Department will take appropriate steps to comply with the Court's ruling."

www.washingtonpost.com

#2 | Posted by Corky at 2024-06-28 01:19 PM

The Supreme Court MAGA 6 are waiting for Trump to win in November so they can hand him immunity for all his crimes.

#3 | Posted by ClownShack at 2024-06-28 01:25 PM

Then again they didn't help him when he lost the election.

#4 | Posted by Tor at 2024-06-28 05:05 PM

CLOWN

I think the Supremes have to make some kind of decision by the end of this session or remand it back to a lower court for a "clarification" of some sort. Something they couldn't figure out themself.

#5 | Posted by Twinpac at 2024-06-28 05:12 PM

It's to bad the Capitals second floor wasn't wasn't defended with a flame thrower.

#6 | Posted by Tor at 2024-06-28 05:29 PM

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