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Blockbuster Ruling From DC Circuit Renders Some J6 Sentences Improper


Geee

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RedState

:snip:

...the D.C. Circuit Court of Appeals issued a ruling that could have major implications for a number of J6 defendants. 

A federal appeals court panel ruled Friday that Jan. 6 defendants who obstructed Congress’ work had their sentences improperly lengthened by judges who determined that they had interfered with the “administration of justice.”

Why/how is this a big deal? Because it could force the recalculation of a number of the sentences that have been entered against defendants in cases related to January 6th. 

The decision could force district court judges in Washington, D.C. to recalculate, and perhaps reduce, the sentences for a slew of Jan. 6 rioters convicted of felony obstruction for their roles in the attack on the Capitol that threatened the transfer of power three years ago.

:snip:

 

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Supreme Court To Weigh Case That Could Upend Hundreds Of Jan. 6 Prosecutions

The Supreme Court will hear a case Tuesday that could have major implications for hundreds of Jan. 6 defendants — as well as special counsel Jack Smith’s prosecution of former President Donald Trump.

The case, Fischer v. United States, asks the Supreme Court to weigh the scope of an obstruction statute, Section 1512(c)(2), which penalizes anyone who corruptly “obstructs, influences, or impedes any official proceeding” with up to 20 years in prison. Joseph Fischer, who entered the Capitol on Jan. 6, argues that his prosecution under the law for obstructing Congress’ certification of the 2020 election was an “unprecedented expansion” of the statute.:snip:

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2 hours ago, Geee said:

Supreme Court To Weigh Case That Could Upend Hundreds Of Jan. 6 Prosecutions

The Supreme Court will hear a case Tuesday that could have major implications for hundreds of Jan. 6 defendants — as well as special counsel Jack Smith’s prosecution of former President Donald Trump.

The case, Fischer v. United States, asks the Supreme Court to weigh the scope of an obstruction statute, Section 1512(c)(2), which penalizes anyone who corruptly “obstructs, influences, or impedes any official proceeding” with up to 20 years in prison. Joseph Fischer, who entered the Capitol on Jan. 6, argues that his prosecution under the law for obstructing Congress’ certification of the 2020 election was an “unprecedented expansion” of the statute.:snip:

NBC

240402-donald-trump-january-6-se-319p-36

 

No Bias There.

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Conservative judges appear skeptical over DOJ stating Jan. 6 participant 'obstructed' proceeding

Conservative justices seem skeptical Tuesday about Justice Department arguments before the high court on the agency having used felony obstruction charges on over 300 people involved in the Jan. 6, 2021, Capitol riot. 

The case is titled Fischer v. United States. 

The plaintiff is Joseph Fischer who has been charged with "obstructing" an official proceeding – Congress' certification of the 2020 election results.  

Justice Clarence Thomas questioned the department attorney on whether the use of such charges have been applied in other protests, according to CNN.

"There have been many violent protests that have interfered with proceedings," Thomas reportedly said. "Has the government applied this provision to other protests in the past?":snip:

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