The Justice department’s prosecutorial overreach, no doubt influenced by Biden, blew up in the Supreme Court today.
Supreme Court Rules Prosecutors Overreached in Jan. 6 Cases
The Wall Street Journal reports Supreme Court Rules Prosecutors Overreached in Jan. 6 Cases
The Supreme Court ruled Friday that the Justice Department improperly charged some of the people who stormed the Capitol on Jan. 6, 2021, a decision that could affect hundreds of cases—and potentially help former President Donald Trump.
Prosecutors have charged more than 1,400 people who attacked the building while Congress met to certify President Biden’s win, and turned to an Enron-era obstruction of justice statute to elevate some of those cases.
The Justice Department may have gone too far in doing so, the Supreme Court said, by taking a law prosecutors have mostly used against people they thought were tampering with evidence in criminal investigations and applying it to the riot.
Chief Justice John Roberts, writing a 6-3 decision that didn’t fall neatly along ideological lines, said Congress likely didn’t intend for the obstruction provision to serve as a catchall to address conduct beyond the type of wrongdoing that prompted the legislation—the corruption or destruction of documents in an official proceeding.
To convict under the statute, prosecutors must prove that the defendant interfered with “records, documents, objects” or “other things used in the proceeding, or attempted to do so,” Roberts wrote.
The Supreme Court’s decision will have immediate ripple effects, prompting some Jan. 6 defendants to seek resentencing.
The Supreme Court’s decision didn’t fully follow ideological stereotypes. Liberal Justice Ketanji Brown Jackson joined the majority along with Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett Kavanaugh. Conservative Justice Amy Coney Barrett dissented, joined by Justices Sonia Sotomayor and Elena Kagan.
Dissenting on Friday, Barrett observed that the allegations against Fischer include trespassing and a physical confrontation with police as “part of a successful effort to forcibly halt the certification of the election results.” The case that Fischer could be tried for “obstructing, influencing, or impeding an official proceeding,” as the statute sets out, “seems open and shut,” she wrote.
Prosecutorial Overreach Backfires
I sympathize with Barrett on Fischer. Was there not a better case that did not involve physical confrontation with police?
Yet, I agree with the majority on the overall ruling: “Congress likely didn’t intend for the obstruction provision to serve as a catchall to address conduct beyond the type of wrongdoing that prompted the legislation—the corruption or destruction of documents in an official proceeding.”
Perhaps this was not the best case for the Supreme Court to review. Then again, perhaps it was precisely the best case given that even Justice Ketanji Brown Jackson joined the majority despite the physical confrontation.
Regardless, the overreach backfired and it’s very hard to fault the majority.
I expect something similar will happen with New York’s ill-advised decision to escalate a minor misdemeanor charge in to a 34-count felony case.
Trump Found Guilty – a Travesty of Justice for America
A misdemeanor, on which the Statute of Limitations had run out, was used to produced 34 felony counts on committing a Federal offense for which he was not charged.
This case was convoluted in theory and should have been dismissed.
If prosecutors can do this to Trump, they can do whatever they want to anyone. And they will, for political purposes.
For discussion, please see Trump Found Guilty – a Travesty of Justice for America
Trump was found guilty of a crime, but can anyone say what it is? Prosecutorial misconduct is dripping.
Ironically, people worry that Trump is more dangerous and will abuse power.
Why don’t you book a conference room to discuss prosecutorial overreach? Meanwhile the Supreme Court just undid any regulations on many things since WWII.
Prepare for an economic boom followed by a bust of epic proportions.
By the way how long before the Supreme Court dissolves the Fed ?
https://www.thedailybeast.com/scotus-justices-are-mad-with-power-after-chevron-deference-reversal
So if both sides go after every president will we cease to have one?
These people are a disgrace.
Also, i’ve read stuff about the treatment of Jan 6 prisoners. I wonder if Pelosi leaves the dog cage open and puts a nice big steak in there and then beats the hell out of the dog for going after it.
This country is a smoldering pile of sh**,
The executive branch has been neutered by SCOTUS.
https://www.politico.com/news/2024/06/28/supreme-court-chevron-biden-presidents-00165234
“The executive branch has been neutered by SCOTUS.”
Wouldn’t anti authoritarians want that? There was a year where the Obama administration created some 80,000 pages of new rules and regulations. Regulation is authoritarianism. Deregulation is anti authoritarianism.
Checks and balances. That is the difference between democracies and Xi and Putin-type one man rule. The separate branches, because of overlapping powers, are checks on each other’s actions. For those used to living under repressive systems that is quasi-incomprehensible.
https://m.youtube.com/watch?v=l6MinvU93kI
In essence it’s AG Merrick Garland’s prosecutorial overreach. Garland, who was held in contempt of Congress for withholding the audio from SC Hur’s interview with Mr. Biden, on the thinnest of pretexts, even while transcripts were made available. The country just heard a similar performance from Mr. Biden himself in the the 1st debate. It was ghastly. Cooked, done, finished. The gaslighting from the DNC should make the climate alarmists nervous there’s so much gas. So if Mr. Bannon is going to prison for refusing a J6 Committee subpeona, will Mr. Garland be held accountable as well? DoJ says no. What about next January Merrick? Three hots and a cot? Will Joe, the elderly man who will not be prosecuted because he is essentially lost in space be impeached once out of office, meaning soon? Down ticket blues for the Dems. And precedents are set. Maybe in the end the deep state NatSec swamp prefers to scare off real candidates for the presidency and install one vegetable after another.
#EndLawfare #EndTwoSystemsOfJustice #EqualApplicationOfTheLaw #RelegalizeTheConstitution #EndTheFed #TermLimitsNow #BalancedBudgetAmendmentNow
Let’s face it, SCOTUS as usual, has given the Government time to correct its errors on its own first and foremost. In my lifetime they have been very good about that, and have my respect as such.
With that being said, after repeatedly doing so on issue after issue, it has finally gotten “Out of Control” enough. Good!
SCOTUS will get more involved as necessary, if this first shot across the bow isn’t enough to wake these dictators up. They shouldn’t take kind to being ignored and/or mocked.
Of course after that treacherous debate performance, Biden Inc. may choose to do what they do, and that’s to “Double Down” as an only choice they have to sheer and utter incompetence.
Time will tell, as it always does, and waits for nobody…
Personally I can’t wait for Dangerous Don to abuse power and lock all these mothers up.
Trump 2.0 is going to be so much fun. Let’s goooooooooooooo
Trump is opposed to “Abuse of Power” and didn’t partake last time in office, and will not do so this time either. He fancy’s “The Rule of Law” as we all should.
In fact his platform is total and complete stoppage of the Abuse of Power. It’s one of his top priority’s, amongst Peace, Closed Border, Lower Spending and Taxes as a few others…
I’m all in for Trump and can’t wait for the Trump sequel. “Trump 2.0, The Revenge Term”
I agree, where and if the law was broken, then people should be held accountable. No matter the R, D or I after the name, but because it’s the law!
We don’t need to see any abuse of the law is all I am stating…
Trump pardoned the opposition, like Blagojevich; he did not persecute them with lawfare.
Future Governor Fatass was on the other end of the phone line with Blago discussing making a deal for Obama’s Senate seat. U.S. Attorney Patrick Fitzgerald did everything to cover up that side of the story.
Was it a misdemeaner on which the statute of limitations had run out? Unless Trump was charged and convicted of that misdemeanour then it is only an alleged crime. Can allegations not proved in court be the foundations of any case?
In NY, yes, clearly.
Trump is pretending to be nice but literally every sentence is a lie. I hope things don’t have to get worse but it looks like they will have to for America to learn lessons long-forgotten.
For the record I voted for Trump in 2016. Fooled me once but never again. Trump is a true threat to thr republic.
Today the supreme court took over the EPA God help us.
Considering the candidates being presented for the office of US President –
the Republic is a threat to the Republic.
Too bad Biden won’t be on the ballot to fool you twice.
Even if he is I won’t vote. Besides my vote doesn’t count bc of the stupid electoral college. Literally 99% of votes aren’t going to impact the outcome.
51% must!
99% of the votes aren’t going to affect the outcome? That is an oxymoron. We are not in China here.
The 2000 presidential election was decided in Florida, with a margin of only 537 votes.
Similarly, the 2024 election will come down to 1 or 2 swing states, with a small number of voters actually determining the outcome.
That can happen only in close elections. Taking a special circumstance and extrapolating it out to a general principle just doesn’t work.
In 2020, 3 swing states were decided by razor thin margins (GA, AZ, WI) and had they gone for Trump, Trump would have been president.
This is very possible; swing state voters truly matter.
It’s true that for China, Biden is better.
The FBI is still tracking down grandmas who wandered through the rotunda for a few minutes and left without doing anything. But those who violently attacked Jews in Los Angeles last week? Shrugs shoulders. Antifa fire bombers? Slap on the wrist.
Every commenter here who calls this an “insurection” turns a blind eye to actual left wing violence still going on as lately as last week, showing you where they actually stand.
Shay’s rebellion was insurrection. The Whiskey rebellion was insurrection. They both had good reasons. The Confederacy was insurrection. The brief riot at the capitol was not insurrection under any meaning of the word. If a man is a woman if he “identifies” as a woman, and pronouns are required by law to meet these demands, language itself is under assault. Big problem, especially when combined with censorship of critique. J6 does appear to be more of a setup for lawfare w/ Pelosi refusing National Guard, agency agitators, the theatrics of members, J6 Committee excluding Republican members, the list goes on and on. Your point of “prosecutorial discretion” used to shield political agitators on the left is spot on.
Exactly. Why try to conceal surveillance cameras and evidence? If it is an insurrection, then the more camera footage you show the public, then the stronger your case.
January 6th was not the coup. It was the result of the planned and failed coup. A last ditch effort.
The man who should be in jail for it and for stealing and trading US top secrets is the one who should never have been allowed to run again.
Keep telling your Lies. America is waking up to who is evil and who is not.
I am confused are you referring to Brandon?
Chicken coup?
That was no coup, planned or failed or whatever. Hell, the British have soccer riots scarier than that.
There are way too many holes in that theory to pass scrutiny.
It is pleasant to see Supreme Court can recognize the difference between loud protestors and actual criminal activity.
Now only if somewhere in the Court system there was someone honest enough to as a matter of record ask, how unarmed Civilians were able to breech the Capitol doors with their magnetic locks designed to be capable of withstanding a direct military assault.
Could it be someone, let us say like speaker of the House, who has the authority to order the doors unlocked to let protestors into the Capitol building.
Then again why be interested in Truth about what happened on Jan 6 when there is a convenient narrative available that allows US Government to incarcerate people.
This in order to intimidate civilians and deprive them of free speech first amendment rights.
Sorry Mish. Trump is guilty and they had to find somewhere to start with. He is an utter disaster. How you can find any reason to support this clown is beyond me. It diminishes you. One good thing about it all is that things are quietly getting done whilst everyone is arguing about it. Do it take it that you don’t think we have to spend trillions to get ourselves off dependence on fossil fuels? Wrong. You need to focus on what has to be done, not what you don’t like.
NY lower courts can make you, Ian Borthwick, “guilty” of eating a ham sandwich.
When it is reversed — and it will be — Trump will be “guilty” of nothing.
Democrats should be focusing on removing the crazies in their party. That is a vast task and will take time.
If they remove the crazies, there’ll only be about six people left.
There are many more but they have been overwhelmed by the crazies and that is starting to slowly change. I believe that we always need an opposition to any government, left or right. Democracies have a self-correcting nature as long as they adhere to certain principles. The extremes of course do not adhere to these principles and are our enemies.
if there was/is any clown involved it is hands down Joe Boy
It does suck having to spend 3 years in the slammer just to get standing while the other specific intent elite criminals get to party hardy while the statue of limitations runs out thanks to their dirty D.O.J.and 10% for the big guy who will doubtless be handing out blanket pardons for his crime family anyway.
Thank God- He’s all your’s now !- More $ 425,000 summer golf cart rentals at his country clubs next 4 yrs while he drains the swamp ?- lol- He and daddy Fred almost 1 Billion in Government handouts- He’s a Queen alright :)- To side with either of these ass clowns is Treasonous
If you feel that way, then why don’t you go back int time to change it?
The FBI worked so hard to entrap these people and then the Supreme Court let’s them off! Seems like the swamp creatures need to coordinate better in their efforts to subjugate the American people.
The rank-and-file just follows orders. The top are the ones who give those orders so you remove them because they overstepped the boundaries written in the Constitution. The Supreme Court reminded them of those boundaries.
Rank and file follow orders. Just like the mafia. Only worse.
Cynics say that all the time. Sounds profound when you are in first year philosophy class in college. Afterwards much less so.
“no doubt influenced by Biden.” But no doubt you have no proof of that and just made it up. Unlike the Orange Stain, who openly tries to influence and obstruct DOJ proceedings, Biden seems to take a hands-off approach.
You are brain washed. You better hope that this is the rule, since if Trump gets in, he can’t use it against you. TDS.
Seems doubtful without proof, doesn’t it?
And an overreach on Mish’s title.
Ironically.
People on the left are always about demanding ‘proof’ from their ideological enemies but engage in repeating all kinds of conspiracies and double down even when those are debunked.
Do you remember that, “matter” with Hillary where she had a, “homebrew server,” and she, “never knowingly sent classified information,” and “her campaign,” “voluntarily” surrendered the server and a thumb drive because of a, “vast, right-wing conspiracy” of “Ultra-MAGA” “White Nationalists” filled with “Uneducated white males”?
BLM physically confronted police and FBI. Liberal cities de-fund the police. BLM tried to trotsky president Trump. Michael Hayden Ex CIA and NSA director : “I have never come across political force more nihilistic, dangerous and contemptible than today’s Republican. Nothing close”. It’s all about power. The dictators blame the other side for what they are doing.
Exactly. Well said. BLM and Antifa are the foot soldiers for the Deep State and the DNC with regime media glorifying and defending their destructive crime sprees which constitute an expensive civil unrest we are all still paying for with the higher insurance premiums that financed the reconstruction efforts in Minneapolis and elsewhere.
Let’s be honest here. Trump and his minions tried every legal way to stop the certification across a host of states from Nov to Jan, and the last chance to stop it was to stop the certification. Why? Because there is no established constitutional remedy if Congress didn’t do it. Result? Ambiguity, where Trump can claim authority. Trump and his crazy attorney Kraken filed paperwork that day to allow Judge Alito to rule one way or the other, except Congress did reconvene to finish the vote.
Everyone there on premise should be convicted of stopping an official proceeding, because that’s why they were there in the Capital. Stop the certification, then Trump would have another reason to stay in power.
I don’t think anyone on here would disagree with citizens facing proper charges for actual crimes. But it appears the vast majority of 6 Jan “crimes” right now are at the level of Capitol Hill trespassing misdemeanors.
We had a (D) Congressman pull a fire alarm in the building and committing a felony to stop voting with virtually no consequences and no incarceration. The law should not be applied unevenly to people just because of where they are at on the political spectrum. This is just political persecution in defense of the Deep State; any critical thinker can see the two systems of justice we have in the USA.
Trump asked for National Guard troops and was denied. The additional requested security would have prevented what happened. The Capital police chief said he was kept out of the intelligence loop. Something corrupt about that. It was his business to know what was going on. It appears from video, that protesters on the lawn were fired on without warning. There needs to be an objective investigation.
If you haven’t figured out that every single time conservatives protest in Washington DC that it is a Deep State trap, and that every single time marxists protest in Washington DC it is an official Deep State sanctioned event, then regime media is grateful of your stupidity.
So those “Patriot Front” guys in matching khaki pants and balaclavas are not an actual grassroots organization? F’ing Fibbies.
Looks like Amy Coney Barrett is becoming the only true conservative voice on the court.
John Roberts made a deal with her for Ketanji Brown Jackson vote.
J6 was an OBVIOUS FBI/Security State Blob event. They brought the guy from Detroit that had architected the Whitmer Kidnapping setup and had him set up the J6 event on behalf of the CIA/Security State Blob
Then the now utterly EVIL US Government started putting political prisoners in jail by the dozens and hundreds as a warning to all, and then finally went after the Candidate himself
We no longer live in a Democratic Republic
We are in the transition between that and a Dictatorship. Hopefully that is the worst of this 4th Turning and the Republic can be recovered.
Only time will tell
But for that to happen, someone needs to raze the CIA/NSA/NSC/State Dept/DoJ/FBI to the bedrock.
And I do not think Trump is that guy
Right, obvious. Trump called his supporters to come to D.C. on the 6th. The Kremers ran a multi-state bus tour holding rallies to generate interest in coming to D.C. Multiple MAGA groups rented busses to take Trump supporters to DC. The Elipse Rally organizers (Kylie Kremer and Pierson,) knew several days before the 6th that the Trump would call, unexpectedly, for people to go down to the Capitol and wanted that kept a secret because they didn’t have permits for a large crowd at the Capitol. Trump and the other speakers on the 5th and 6th whipped the crowd into a frenzy, using the words “fight” or “fighting” 20 times (and peacefully once,) before saying “and now we’re going down to the Capitol and I’ll be there with you,” to send the worked up mob on its way. And then spent hours watching the rioting on TV (except when he tweeted about Pence didn’t have the courage (at 2:24,) and doing nothing to tell Chris Miller to get the DC NG down there. But sure, it was all a big setup because nobody stopped you from criming.
If this is true, and so clear, why has trump not been indicted for inciting violence? Not a single prosecutor has tried. Exactly 4 people were charged with “seditious conspiracy”. Perhaps your news sources are… a tad… misleading you?
Trump wanted the National Guard there before the event. He was turned down. A recently discovered video showed Nancy Pelosi admitting she was responsible for security.
I saw video of when the police fired on the crowd down on the lawn. They didn’t look as if they were fired up into a frenzy just before that moment. They looked to just be just milling about.
What goes on in secret behind closed doors, we don’t know about. The Capital police chief said he was kept out of the intelligence loop. That was not by mistake. What was hidden from him for an ulterior purpose?
After seeing what you saw last night how do you not realize how badly they’ve all been lying to you about everything?
ACB – POS
She is the worst. Just a freak of a human being.