BREAKING! Today, SCOTUS Overturned The DOJ's Use of J6 Court 18 USC 1512(c)(2)
What This Means Is that Attorney General Merrick Garland and Washington's Federal Judges Wrongfully Prosecuted about 350 J6ers with a Felony
As the Supreme Court today overturned the DOJ’s use of 18 USC 1512(c)(2), many J6ers are celebrating a massive victory and simultaneously lamenting all the time they have served.
Not only that, this citation was also used in two of four counts of Jack Smith's January 6th-related federal indictment of President Trump in Washington.
See below for all 43 pages of the determination.
Substack’s Julie Kelly has this insight:
In a 6-3 decision, Chief Justice John Roberts wrote that the “c2” subsection is tethered to the “c1” subsection that addresses tampering with a record, document, or “object.”
From the opinion:
Roberts was joined by Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Ketanji Brown Jackson. Justice Amy Coney Barrett authored the dissent (!) joined by Elena Kagan and Sonia Sotomayor.
Today’s decision means hundreds of Americans have been wrongfully prosecuted by Attorney General Merrick Garland as he insists his department is dedicated to upholding the “rule of law” and pursuing justice “without fear or favor.”
An Irreversible Black Eye for DOJ and Federal Courts in Washington
The matter originated in the case of Joseph Fischer, a Pennsylvania man who attended Trump’s speech and later went to the Capitol. According to court documents, Fischer briefly entered the building around 3:25 p.m., nearly an hour after the joint session of Congress to certify the electoral college votes had recessed. He exited about four minutes later.
In March 2021, a D.C. grand jury indicted Fischer on numerous counts including 1512(c)(2). The statute reads:
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.
It is punishable by up to 20 years in prison.
Fischer, in addition to many J6ers facing the count, asked his judge to dismiss the charge. Judge Carl Nichols, appointed by Trump, dismissed the count against Fischer and two other defendants by finding the language in the post-Enron/Arthur Anderson statute covered tampering with records or documents not interrupting a meeting of Congress. The DOJ appealed Nichols’ decision.
In December, SCOTUS granted Fischer’s petition to grant cert seeking to reverse the appellate court’s mandate. Oral arguments were held on April 16.
Nichols is the only judge to have dismissed the count; 18 district and circuit court judges in Washington refused to dismiss the count. The judges essentially enabled the Biden DOJ’s unlawful pursuit of Americans who protested Biden’s election that day.
You can read Julie’s Substack here:
Julie Gives us A “List of Shame”
The List of Shame:
Judge Beryl Howell (Obama, former chief judge)
Judge James Boasberg (Obama, current chief judge)
Judge Rudolph Contreras (Obama)
Judge Trevor McFadden (Trump)
Judge John Bates (GW Bush)
Judge Amit Mehta (Obama)
Judge Dabny Friedrich (Trump)
Judge Royce Lamberth (Reagan)
Judge Richard Leon (GW Bush)
Judge Colleen Kollar-Kotelly (Clinton)
Judge Amy Berman Jackson (Obama)
Judge Timothy Kelly (Trump)
Judge Randolph Moss (Clinton)
Judge Paul Friedman (Clinton)
Judge Christopher Cooper (Obama)
D.C. Circuit Court Judge Florence Pan (Biden)—Pan wrote both appellate court decisions upholding 1512c2
D.C. Circuit Court Judge Justin Walker (Trump)
D.C. Circuit Court Judge Cornelia Pillard
People have all kinds of questions:
Does this free all J6ers, and if so, when?
Can the DOJ be sued?
Will the J6 Committee be charged with this statute because they destroyed documents?
Amazing.
Finally justice has come to the J6'ers. I hope they all sue the pants of Garland and all who prompted their imprisonment including Pelosi! They all deserve it for wrongful imprisonment.