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Jan. 6 defendant asks Supreme Court to throw out obstruction charge

 

The Supreme Court will hear oral argument on April 16 in the case of a former police officer from Pennsylvania who entered the Capitol during the Jan. 6, 2021, attacks. Joseph Fischer, who was charged with (among other things) assaulting a police officer, disorderly conduct in the Capitol, and obstruction of a congressional proceeding, has asked the justices to throw out the charge that he obstructed an official proceeding, arguing that the law that he was charged with violating was only intended to apply to evidence tampering.

 

More than 300 other Jan. 6 defendants have been charged with violating the law, which was enacted as part of the Sarbanes-Oxley Act in the wake of the Enron scandal. It is also at the center of two of the charges brought by Special Counsel Jack Smith against former President Donald Trump in Washington, D.C. – the same case in which the justices will hear argument on April 25 regarding Trump’s claims of immunity.

 

Before the Jan. 6 attacks on the Capitol, prosecutors note, Fischer sent text messages in which he indicated to acquaintances that members of Congress “[c]an’t vote if they can’t breathe … lol” and that he might need his police chief “to post my bail … It might get violent.” And on Jan. 6, prosecutors say, Fischer urged rioters to “charge” and “hold the line” and was part of the mob that pushed the police. Fischer says that he arrived at the Capitol after the joint meeting of Congress to count the certified votes in the 2020 presidential election had already gone into recess. He was inside the building for only a few minutes, he contends, where he was pushed into the police line by the crowd.

 

In a message on social media on Jan. 7, Fischer wrote that he had been “pepper balled and [pepper] sprayed … but entry into the Capital [sic] was needed to send a message that we the people hold the real power.”

 

The FBI arrested Fischer on Feb. 19, 2021, and charged him with, among other things, assaulting officers of the Capitol Police and the Metropolitan Police Department, the primary law enforcement agency for the District of Columbia. He was also charged with violating 18 U.S.C. § 1512(c)(2), which makes it a crime to “otherwise obstruct[], influence[], or impede[] any official proceeding.”

 

U.S. District Judge Carl Nichols dismissed the obstruction charge against Fischer. In another case involving a Jan. 6 defendant, Nichols had concluded that the previous subsection, Section 1512(c)(1), which prohibits tampering with evidence “with the intent to impair the object’s integrity or availability for use in an official proceeding,” limits Section 1512(c)(2) to cases involving evidence tampering that obstructs an official proceeding.

 

The government appealed to the U.S. Court of Appeals for the District of Columbia Circuit, which reversed. Judge Florence Pan, in the lead opinion for the court, wrote that the “meaning of the statute is unambiguous”: It “applies to all forms of corrupt obstruction of an official proceeding, other than the conduct that is already covered by” the prior subsection.

 

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Interesting arguments.  I am about 25 minutes in.  Kagan seems hard against the argument that it is overbroad.  Even Thomas opened up with a few questions.  Alito is out there coaching this guy while he is getting beat up.  "The text of the statue isn't helping you, move onto other arguments."  

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1 minute ago, Fergasun said:

Interesting arguments.  I am about 25 minutes in.  Kagan seems hard against the argument that it is overbroad.  Even Thomas opened up with a few questions.  Alito is out there coaching this guy while he is getting beat up.  "The text of the statue isn't helping you, move onto other arguments."  

 

Is Alito literally advising an attorney to try to make arguments that disagree with what the statute actually says?  

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5 minutes ago, Larry said:

 

Is Alito literally advising an attorney to try to make arguments that disagree with what the statute actually says?  

I think he’s trying to get him to move off of arguments that aren’t any good. Ie: stop wasting everyone’s time
 

Idk whether he has additional arguments but it sounds like the ones about the text of the statue aren’t any good. 
 

(doesn’t seem out of place for oral arguments, I don’t know if casual is the right term but they’re certainly very different than normal court proceedings and the justices like to play devils advocate or just pick the person brain or expand beyond the scope of the case and basically whatever else they want to do…)

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It just seems to me like he's actually coaching the witness that "What the statute actually says isn't good.  So, try to pretend that it actually says something different, so we can make a ruling that actually disagrees with what the statute says."

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Meh.... another 30 minutes in to the Solicitor General and Roberts jumped on the government position.  Sure.  This has been used to prevent people from tipping off a grand jury.  SCOTUS didn't care about it then.... but they will bend over backward for the J6 mob.

 

Edit: "jumped on" equals attacked

 

And we have Alito talking about hypotheticals of protestors on the Golden Gate bridge...

Edited by Fergasun
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2 minutes ago, LadySkinsFan said:

 

Meaning OAN paid money, we just don't know how much. I bet it's a bunch, though not enough to put them out of business.

 

I get that money makes things better for Smartmatic and it probably means OAN will never mention them again. But without part of the agreement being that OAN needs to tell their viewers that they were misled by OAN on this topic over and over, at least through this election. It sucks for the rest of us.

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2 minutes ago, LadySkinsFan said:

 

Meaning OAN paid money, we just don't know how much. I bet it's a bunch, though not enough to put them out of business.

 

 

If I had my way, any settlement would include making it mandatory that OAN always use quotation marks around the word "News" on their broadcasts and printed material lol...and on-air anchors would have to use air quotes whenever they said the word "news".

 

 

"And here with the latest 'news'..."

 

giphy.gif

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Actions have consequences.  I hear a tiny violin playing:

 

Trump's former attorney, John Eastman, calls out Bank of America and USAA for closing accounts

 

John Eastman, a former attorney for former President Donald Trump says Bank of America and USAA closed his accounts without warning.
 

In a recent turn of events, John Eastman, a former attorney for former President Donald Trump has spoken out after Bank of America and USAA closed his accounts without warning.

 

Eastman told the Daily Caller that he was "de-banked" twice within a few months by these financial giants due to the backlash he faced for advising Trump during the 2020 election. Despite being federally insured and having received billions in taxpayer bailouts during the global financial crisis, both institutions closed his accounts.

 

In September 2023, Bank of America informed Eastman of their decision to close his accounts, as shown in a letter obtained by the Daily Caller. Shortly after, in November, USAA followed suit, notifying Eastman of the closure of his two bank accounts.

 

Eastman expressed his frustration, saying, "We had all our automatic payments and deposits set up with USAA, so shifting everything to a new bank was a real hassle."

 

What is USAA's response to sealing accounts?


USAA justified their action citing their "Depository Agreement," which states that they can close accounts without advance notice and may require customers to provide a minimum of seven days' notice to withdraw their funds.

 

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Have to say, I suspect that they had a reason other than him simply being a famous insurrectionist.  I don't see a big corporate bank caring about that.  

 

Now, were they seeing a ton of shady transactions?  

 

I could easily see that happening.  And them not saying why.  

 

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One thought:

 

"Your Honor.  Punishing me as the law states, for my attempt to overthrow this country while on active duty in it's military would hurt my ability to remain in it's military."

 

A second thought.  

 

Does the 14th apply to him?  

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Trump loses bid to halt Jan. 6 lawsuits while he fights criminal charges in the 2020 election case

 

Donald Trump lost a bid Thursday to pause a string of lawsuits accusing him of inciting the U.S. Capitol attack, while the former president fights his 2020 election interference criminal case in Washington.

 

U.S. District Judge Amit Mehta in Washington denied defense lawyers’ request to put the civil cases seeking to hold Trump responsible for the Jan. 6, 2021, riot on hold while the criminal case accusing him of conspiring to overturn his election defeat to President Joe Biden plays out.

 

It’s the latest legal setback for the presumptive Republican presidential nominee, whose trial in a separate criminal case related to hush money payments made during the 2016 campaign began this week with jury selection in New York.

 

The lawsuits brought by Democratic lawmakers and police officers who defended the Capitol on Jan. 6 seek civil damages for harm they say they suffered during the attack, which aimed to stop Congress’ certification of Biden’s victory.

 

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 He's trying the same tactic down in Florida but Jack Smith put a filing in yesterday to argue against it since the issues were known to everyone and discussed in the March 1 hearing, so there is nothing new to warrant a delay, plus the fact that Trump's lawyers have had since November to do work he's claimin he can't do now.  If Cannon grants a delay it will confirm how much in the bag she is for Trump.

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5 hours ago, China said:

If Cannon grants a delay it will confirm how much in the bag she is for Trump.

 

(Not directed to China, but more as a media problem, our collective 'voice'.)
Part and parcel of the Trump problem, RIGHT THERE.
We don't say what we know to be true, we couch it in language that lets us continue to not say the obvious.

 

If she does, it will confirm this again. And really, how many times in this whole mess does something need to be 'confirmed' before it becomes FACT? 
The right wing media created this entire 'two sets of facts' nonsense, and all the rest played right along with it as if it were somehow legitimate.

We now gaslight OURSELVES.

 

~Bang

Edited by Bang
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6 hours ago, Bang said:

 

(Not directed to China, but more as a media problem, our collective 'voice'.)
Part and parcel of the Trump problem, RIGHT THERE.
We don't say what we know to be true, we couch it in language that lets us continue to not say the obvious.

 

If she does, it will confirm this again. And really, how many times in this whole mess does something need to be 'confirmed' before it becomes FACT? 
The right wing media created this entire 'two sets of facts' nonsense, and all the rest played right along with it as if it were somehow legitimate.

We now gaslight OURSELVES.

 

~Bang

Thank you.  I was going to call it out until I read you already did it for me.

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Charlottesville tiki torch carrier pleads guilty in Jan. 6 riot case

 

A former Marine who carried a tiki torch ahead of a 2017 white nationalist rally in Charlottesville, Va., pleaded guilty Friday in connection with the Jan. 6 attack on the U.S. Capitol.

 

Tyler Bradley Dykes, of Bluffton, S.C., pleaded guilty to two felony counts of assaulting, resisting or impeding officers who were protecting the Capitol. The crime carries a maximum penalty of eight years in prison, a $250,000 fine and up to three years supervised release, according to the plea agreement.

 

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FBI arrests Jan. 6 fugitive in Clearwater

 

FBI agents on Monday arrested a fugitive in Clearwater about 10 months after he skipped his trial on charges connected to the Jan. 6, 2021, U.S. Capitol riots.

 

Agents arrested Victor Sean Dennison at the Woodlake Condominiums on the 2000 block of Sunset Point Road at about 10 p.m., an FBI spokesperson confirmed Tuesday.

 

Dennison, 49, was booked into the Pinellas County Jail later Monday and on Tuesday morning was released into the custody of the U.S. Marshal, records show. An FBI spokesperson said Dennison was scheduled to make his first court appearance on Tuesday afternoon.

 

Dennison skipped his trial that was set to begin in Washington, D.C., on June 5, 2023, court records show.

 

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North Carolina man sentenced to six years in prison for attacking police with pole at Capitol

 

A man who became a fugitive after a federal jury convicted him of assaulting police officers during the U.S. Capitol riot was sentenced on Tuesday to six years in prison.

 

David Joseph Gietzen, 31, of Sanford, North Carolina, struck a police officer with a pole during a mob’s Jan. 6, 2021, attack on the Capitol.

 

Gietzen told U.S. District Judge Carl Nichols that he didn’t intend to hurt anybody that day. But he didn’t express any regret or remorse for his actions on Jan. 6, when he joined a mob of Donald Trump supporters in interrupting the joint session of Congress for certifying President Joe Biden’s 2020 electoral victory.

 

“I have to make it explicitly known that I believe I did the right thing,” he said before learning his sentence.

 

The judge said Gietzen made it clear during his trial testimony — and his sentencing hearing — that he clings to his baseless beliefs that the 2020 presidential election was stolen from Trump.

 

“Mr. Gietzen essentially was unapologetic today about his conduct,” Nichols said.

 

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