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US Supreme Court Action Alters Course of Jan. 6 Defendant Sentencings


Geee

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Epoch Times

The recent decision by the US Supreme Court to review Fischer v. United States – a case that experts say could weaken prosecutors’ hands in hundreds of Jan. 6 cases, including former President Donald Trump’s – is already causing some disruption in sentencing

 

In December, the Supreme Court agreed to take up an appeal by Jan. 6 defendant Joseph W. Fisher of the Biden administration’s use of an Enron-era evidence-tampering law to prosecute several hundred people for obstruction of Congress during the Jan. 6, 2021 Capitol incident. The most widely charged felony in Jan. 6 cases is the obstruction of Congress charge, carrying a sentence of up to 20 years in prison.

The DOJ has been using an evidence-tampering provision found in the Sarbanes-Oxley Act to prosecute defendants for obstructing Congress based on 18 U.S. Code Section 1512(c)(2), which Fisher challenged, claiming that it does not prohibit his alleged conduct on Jan. 6. A district court agreed, but the US Court of Appeals reversed the decision, siding with a broader understanding of the provision that it applies to other forms of obstructive conduct, not just related to investigations and evidence.

Several legal experts have said that the Supreme Court is likely to find that 1512(c)(2) was improperly used against Jan. 6 defendants. If successful, the challenge could have far-reaching consequences, potentially overturning felony convictions and erasing some charges, including against Trump, and extending beyond individual cases to the DOJ’s strategy in securing convictions.:snip:

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J6 Defendant Who Carried Confederate Flag to Be Released Due to SCOTUS Case on DOJ's Obstruction Charges

Kevin Seefried, a Delaware man convicted in connection with the January 6 Capitol riot, is being released from prison early due to a case that challenges the Department of Justice's (DOJ) use of "obstruction of an official proceeding" charges against J6 defendants. The case, Fischer v. United States, now before the Supreme Court, prompted Seefried's early release pending the final ruling, which could impact the sentences of many other defendants.

 

Seefried's initial sentencing included three years for felony obstruction and an additional 12 months and six months, running concurrently, for two misdemeanors of disorderly conduct and trespassing. At sentencing, the DOJ highlighted Seefried's involvement in the riot, noting that he and his son were among the first to enter the Capitol and were photographed carrying a Confederate flag.

On Wednesday, U.S. District Judge Trevor McFadden, appointed by former President Donald Trump, granted Seefried's motion for release pending appeal. McFadden stated in an 11-page order that federal prosecutors did not provide sufficient evidence to support their argument that Seefried is a threat, rejecting U.S. Attorney Matthew Graves' claims that releasing Seefried would expose him to the same environment that led to his crimes and increase the risk of flight. :snip:

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On 1/20/2024 at 4:32 PM, Geee said:
Epoch Times

In December, the Supreme Court agreed to take up an appeal by Jan. 6 defendant Joseph W. Fisher of the Biden administration’s use of an Enron-era evidence-tampering law to prosecute several hundred people for obstruction of Congress during the Jan. 6, 2021 Capitol incident. The most widely charged felony in Jan. 6 cases is the obstruction of Congress charge, carrying a sentence of up to 20 years in prison.

 

It strikes me that if several hundred people really REALLY wanted to Obstruct Congress, Congress would have been well and truly obstructed!  And SOMEONE would have brought A Gun.

The Democrats (and their allies) laid a trap and Trump and his supporters walked into it Eyes  Wide Shut.

Let me also point out IF the Democrats win the White House  in  Nov., the  election had better be Pure As The Driven Snow. There had better be NO (or very minor) strange & unusual incidences no windows boarded up, no count monitors kept 30 feet away, no large numbers of ballot all for one candidate, suddenly showing up at 3AM, No unsecured mail in ballot boxes. It had better not look anything remotely like the night of  November 3, 2020.

Otherwise we will see

insurrection /ĭn″sə-rĕk′shən/

noun

  1. The act or an instance of open revolt against civil authority or a constituted government.
  2. A rising against civil or political authority, or the established government; open and active opposition to the execution of law in a city or state.
  3. A rising in mass to oppose an enemy.

 

Because there are A Lot of really Pissed Off people out here.

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