Commentary: Is SCOTUS Poised to Overturn Key J6 Felony Count?

An order published by the Supreme Court on December 13 represented a moment hundreds of January 6 defendants and their loved ones had been waiting for: the highest court granted a writ of certiorari petition in the case of Fischer v. USA.

In a nutshell, after more than two years of litigation before federal judges in Washington, SCOTUS will review the Department of Justice’s use of 1512(c)(2), obstruction of an official proceeding, in January 6 cases. A “splintered” 2-1 appellate court ruling issued in April just barely endorsed the DOJ’s unprecedented interpretation of the statute, passed in 2002 as part of the Sarbanes-Oxley Act in the aftermath of the Enron/Arthur Anderson accounting scandal.

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Some January 6 Defendants Seek Trial Delays over Emergence of Capitol Video Footage

Amid the public emergence of new video from the Jan. 6, 2021 Capitol riot, multiple defendants have sought to delay their trials so they can access and review the footage for possible exonerating evidence.

At least five alleged participants in the demonstrations have sought trial delays citing a lack of access to all the relevant evidence in recent weeks, the Epoch Times reported.

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Commentary: Very Fine People

Large group of people storming Washington D.C. in protest on January 6.

Jacob Anthony Chansley, who also goes by the name Jake Angeli, was one of the people who made their way into the chamber of the U.S. Senate in the Capitol on January 6, 2021, to protest the Senate’s impending certification of state electors who would install Joe Biden as the 46th president of the United States. His name may not register, but his image will: he was the fellow bizarrely attired in a coyote-fur hat sprouting black buffalo horns; shirtless, showing his muscular but heavily tattooed torso; sporting black gloves and a red knapsack; face painted in vertical red, white, and blue stripes; and carrying an American flag on a spear.

The disorderly intrusion of several hundred protesters into the Capitol was quickly characterized by the media, and by many politicians, as an “insurrection.” Moreover, the accusation of insurrection was applied to the many thousands of Trump supporters in Washington that day who had nothing to do with the intrusion into the Capitol. And that characterization became the basis for the House of Representatives to impeach President Trump for supposedly inciting the “insurrection” and the impetus for Joe Biden to order 26,000 National Guard troops to defend Washington during his inauguration on January 20.

As it happened, there was no insurrection.

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Commentary: Jacob Chansley Pleads Guilty to Obstruction, Remains in Jail

Jacob Chansley, arguably the most iconic figure of the January 6 protest at the U.S. Capitol, today pleaded guilty to one count of obstruction of an official proceeding.

Chansley, 33, turned himself in to law enforcement and was arrested on January 9. A grand jury indicted Chansley two days later on six nonviolent counts including obstruction, civil disorder, and “parading, demonstrating, or picketing in a Capitol building.” The remaining counts will be dropped.

Judge Royce Lamberth accepted Chansely’s plea agreement with Joe Biden’s Justice Department, which continues to arrest and charge Americans for even minor involvement in the Capitol protest. Nearly 200 defendants face the obstruction charge, a felony added to mostly misdemeanor cases. (I explained the charge here in March.)

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