The Supreme Court is doing what it should have done years ago, prevent the corrupt DOJ from prosecuting innocent Trump supporters on made up crimes.
Biden’s corrupt DOJ pressed charges against President Trump and the innocent victims of Jan 6 who walked in the Capitol. The law they used was bastardized and manipulated by the corrupt Biden DOJ to claim crimes that did not happen. The Supreme Court has announced that it will look into this abuse of the justice system.
This case has implications for obstruction charge against Donald Trump. Heart of the case now at SCOTUS is whether those who breached the Capitol “corruptly” obstructed Congress’ proceedings on Jan. 6 — and how to define “corruptly.”
— Kyle Cheney (@kyledcheney) December 13, 2023
After being persecuted by its tyrannical government, the Jan 6ers will finally have the BS charges against them looked at.
Years ago, Judge Napolitano shared with me that none of the Jan 6ers should have been jailed. They had a right to protest. The charges against them were outrageous.
The Supreme Court will finally look into this.
This is a day so many J6ers have been waiting for.
Lives destroyed, people rotting in prison. All bc Biden’s DOJ abused a post-Enron evidence tampering statute.
And what will Jack Smith do now? 2 of 4 counts in his indictment in jeopardy. This is potentially more impactful than…
— Julie Kelly 🇺🇸 (@julie_kelly2) December 13, 2023
Kelly wrote in November:
In Washington, D.C., prosecutors are using a financial crimes statute passed by Congress in 2002 in response to the Enron scandal to bring felony charges against hundreds of Jan. 6 defendants, including Trump and Robertson. Lawyers for both and for other Jan. 6 defendants argue the law is being misapplied. The controversy could soon wind up before the Supreme Court.
Defense attorneys say the government is using the power of law enforcement to misinterpret, and even weaponize, nebulous language in the legal code.
In three separate motions filed on Oct. 23, Trump’s lawyers repeatedly raised objections based on the “vagueness” factor of the four counts in Special Counsel Jack Smith’s Jan. 6 criminal indictment against Trump. Those four charges are: conspiracy to defraud the United States, conspiracy to obstruct, conspiracy against rights, and obstruction of an official proceeding.
“President Trump’s alleged conduct — publicly and politically disputing the outcome of the election, attempting to convince Congress to act, and allegedly organizing alternate slates of electors — falls outside the plain language of the charged statutes,” John Lauro, Trump’s lead attorney in the Jan. 6 case, wrote in a motion to dismiss the charges.
One of the key statutes in question is 18 U.S. Code § 1512(c)(2), part of the 2002 Sarbanes-Oxley Act passed by Congress to prevent fraudulent financial reporting by corporations. The statute was meant to close a loophole in other obstruction laws related to the destruction of evidence, but left open to interpretation the terms “corruptly” and “official proceeding” in the following passage – to the point where, defense lawyers claim, it can be used to criminalize political activity. The passage reads:
(c) 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.
DOJ’s legal basis rests on the argument that the Joint Session of Congress held on Jan. 6 to debate and certify the 2020 election was an “official proceeding,” as opposed to a ceremonial gathering. Those who interrupted Congress, prompting a six-hour delay, or planned to disrupt it, committed that particular obstruction felony, prosecutors contend.
Jack Smith, special counsel: His indictment is not the first time the DOJ sought to nab Trump on the disputed obstruction count called 1512(c)(2).
Smith’s indictment is hardly the first time the DOJ sought to nab Trump on the obstruction count. It represents the culmination of a years-long effort dating back to 2017, when Special Counsel Robert Mueller investigated Trump for violating 1512(c)(2) as part of his probe into Russia’s role in the 2016 election.