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Politics : A Real American President: Donald Trump -- Ignore unavailable to you. Want to Upgrade?


To: FJB who wrote (403762)10/14/2023 5:30:51 PM
From: FJB  Respond to of 458075
 
What If SCOTUS Tosses a Key January 6 Felony?

Julie Kelly

The highest court could decide by the end of the month to take up DOJ's use of 1512(c)(2), the most common felony in J6 cases and one of Special Counsel Jack Smith's counts against Donald Trump.

declassified.live

snip:

But Smith is up against another deadline, one that could prove fatal to one of four counts in his meandering 45-page indictment: a petition pending before the Supreme Court to overturn the application of 1512(c)(2), obstruction of an official proceeding, in January 6 cases.

More than 300 individuals, including Trump, have been indicted on that count for their alleged role in delaying the certification of the 2020 election on January 6. Dozens have pleaded guilty or been found guilty at trial.

Defendants include protesters who were not in Washington or never entered the building—Trump, of course, never set foot on Capitol Hill—but convictions nonetheless often result in excessive prison sentences.

For example, Jacob Chansley, the so-called “QAnon Shaman,” finally pleaded guilty to obstruction after spending more than 300 days in solitary confinement denied release by a federal judge, who then sentenced him to 41 months in jail.

While it represents the heart of DOJ’s ongoing “Capitol Breach” prosecution—enabling the government to turn otherwise misdemeanor cases into felony ones—the law never was intended to criminalize political dissent. As part of the 2002 Sarbanes-Oxley Act passed in the aftermath of the Enron scandal to address corporate malfeasance, 1512(c)(2) reads as follows: