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Federal prosecutors are seriously miffed with SCOTUS. Thanks to a recent bombshell ruling, more than 350 of the unauthorized J6 tourists could be granted either a new sentence or “additional proceedings.” According to the Supreme Court, the Just Us Department totally overreached it’s authority “in its sweeping prosecution of the Capitol attack.”
SCOTUS ‘neutered’ obstruction charge
SCOTUS sides with We the People and that really ticks off Merrick Garland. The vast majority of those at the Capitol on January 6, 2021, were totally peaceful.
Despite what Nancy Pelosi’s hand picked panel has to say, the highest court ruled that charging any of them with obstruction of an official proceeding isn’t going to fly.
The Hill is reporting that the ruling by SCOTUS “has left federal prosecutors scrambling to redefine their use of the newly neutered obstruction charge and maintain their long-held narrative that the riot was a threat to American democracy.”
"The Supreme Court’s decision in Fischer v. U.S. has struck down one of the most common charges against January 6 defendants: “obstruction of an official proceeding.”#MTPol #MTNews #MTLeg #MTSen
https://t.co/5TGt5lHxOm— Tester will not be re-elected 🇺🇸 (@lemmiwinkster) July 8, 2024
They keep forgetting that we don’t have “mob rule” democracy. If we did, the mob wouldn’t be in trouble. What we have is a Republic. They were patriotically trying to keep it.
Garland charged more than 350 of the participants with “interrupting Congress’s certification of the 2020 electoral vote.”
On the paperwork, they check off the box that says “obstruction of an official proceeding.” Almost a fourth of everyone arrested was charged with that. SCOTUS said they went too far.
Reopen some cases
In light of the fresh SCOTUS decision, some of the trial-level judges already got the ball rolling to dust off the cases they watched over. The blindsided DOJ is desperately begging those courts to “slam the brakes.” They need time to manufacture more crimes before deplorable Donald Trump supporters get their felonies erased. They’ll all want to vote for him in November.
Even though Joe Biden is already politically dead, the Democrats allegedly have his votes all boxed up and ready to count. That’s why, conservatives snicker, he refuses to have his head examined.
Without a legal leg to stand on, at least, not one that’s passed the test of constitutionality, Garland’s prosecutors have “latched onto Justice Ketanji Brown Jackson’s concurring opinion.”
The Supreme Court ignored the clear language of a federal obstruction-of-justice statute to hold that the January 6 rioters did not “obstruct or impede” the congressional proceeding to certify the election, @RDEliason writes. https://t.co/A7CUcwAsPF
— The Atlantic (@TheAtlantic) July 7, 2024
The liberal Justice agreed with the rest of SCOTUS on the ultimate decision but had reservations. Even though her idea’s already been totally outvoted, the DOJ thinks it sounds good enough to buy some time.
Two of the cases that fall into that category are the ones involving Oath Keepers Thomas Caldwell and Donovan Crowl. Prosecutors need to “assess the impact” of the bowling ball SCOTUS hit them between the eyes with. “A brief continuance of 30-60 days would not prejudice the defendant or the Court,” they write. “To the contrary, it would help to ensure a uniform and consistent approach before each judge of the District and Circuit.”
It sounds good, anyway. With motions to continue it’s always best to keep things as generic as possible. Especially in the earliest ones. Later, when you need to ask for another delay, that’s when you need to start coming up with better and better reasons for it to be granted.
