The US Supreme Court overturns obstruction charge related to January 6, 2021, Capitol riot

| June 29, 2024 | 23 Comments

Many of the people who were arrested and charged for the Capitol Hill riot of January 6, 2021, were charged with obstruction among their other charges. One the defendants in the government’s case against the rioters challenged the obstruction charge. This challenged reached the U.S. Supreme Court. The latter ultimately sided with the defendant, Joseph Fischer. The Supreme Court found that the government broadly applied the law and returned the case to the appeals court. The Supreme Court’s decision impacts other J6 cases involving the obstruction charge.

From Fox News:

In a 6-3 decision, the high court held to a narrower interpretation of a federal statute that imposes criminal liability on anyone who corruptly “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.”

The ruling reverses a lower court decision, which the high court said swept too broadly into areas like peaceful but disruptive conduct, and returns the case to the D.C. Circuit Court of Appeals, who will have the opportunity to reassess the case with Friday’s ruling in mind.

The case stems from a lawsuit filed by Joseph Fischer — one of more than 300 people charged by the Justice Department with “obstruction of an official proceeding” in the Jan. 6, 2021, riot at the Capitol. His lawyers argued that the federal statute should not apply, and that it had only ever been applied to evidence-tampering cases.

The Justice Department argued that Fischer’s actions were a “deliberate attempt” to stop a joint session of Congress directly from certifying the 2020 election, thus qualifying their use of the statute that criminalizes behavior that “otherwise obstructs, influences, or impedes any official proceeding, or attempts to do” and carries a penalty of up to 20 years in prison.

However, Chief Justice John Roberts said the government stretched the law too far.

“Although the Government’s all-encompassing interpretation may be literally permissible, it defies the most plausible understanding” of why certain provisions of the statute were put together, “and it renders an unnerving amount of statutory text mere surplusage,” Roberts wrote in the opinion of the court.

Additional Reading:

Herlihy, B., Pandolfo, C., Mears, B. & Bream, S. (2024, June 28). Supreme Court rules in favor of Jan. 6 Capitol riot participant who challenged obstruction conviction. Fox News. Link.

Category: Government Incompetence, SCOTUS, Society

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Tallywhagger

Surplusage is language contained in a pleading that is unnecessary or irrelevant. For example, in an indictment, surplusage is the allegation of any fact or circumstances that is not a necessary element to the offense.

MarineDad61

Tallywhagger,
make that “mere surplusage”.

As I’ve repeated for decades, any time any defense lawyer resorts to using either “mere” or “my client’s good name”,
everyone in court knows the defendant is clearly guilty.

Hack Stone

In a 6-3 decision, the high court held to a narrower interpretation of a federal statute that imposes criminal liability on anyone who corruptly “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.”

Does that law apply to those who delete 30,000 emails?

5JC

Maybe, what was the official proceeding? What was in the emails that needed to be available to the proceeding?

JustALurkinAround

All 30,000 emails concerned recipes and wedding plans. To suggest otherwise is defamatory and an affront to a true patriot.

I know this is true because the lady in the muumuu said so and this was verified by the wynym on The View.

SFC D

Saying anything different is likely to cause you to self-murder.

USMC Steve

I don’t know, but those emails were government property, so destruction of government property would apply.

5JC

It never made sense anyway. For example the title to that chapter is “Tampering with a witness, victim or informant”. Which one of those was Congress? It was all about trials, grand juries and other legal procedures, had zilch to do with Congressional activities until they twisted it.

Normally if someone interferes with an activity of a legislature they get charged with disorderly conduct type charges and/or trespassing. Some assholes looked in the code and saw “20 years” and decided to corrupt the law to unfairly punish those idiots who rushed into the capitol because they were on the wrong side of the political fence.

KoB

comment image?resize=591%2C392&ssl=1

Ashli Babbitt was unavailable for comment.

The Court got this one right. Now…when we gonna see the Feddotgov go after people that have REALLY overthrown our Government…”of the People, by the People, and for the People…” Not holding my breath.

Commissar

Many right wing propagandists are trying to paint this as vindication for the insurrectionists and Trump.

It is not.

They didn’t overturn anything, they narrowed the definition of Obstruction which will likely lead to overturning most obstruction convictions related to Jan 6th insurrectionists.

However, most of the 1400+ convicted insurrectionists were charged and convicted of multiple crimes.

Those charges and convictions stay. With the exception of the obstruction charge.

Only 52 people were charged with just the obstruction. Those 52 may have their convictions overturned as a result of this.

Trump’s obstruction charge, as well as charges for those involved in fake elector schemes are not the same category acts as the obstruction the insurrectionists were charged with…

Which is to say that the narrower definition of obstruction in the SCOTUS ruling still applies to Trumps acts of obstruction.

Graybeard

Lars,
All of it is Gestapo tactics against those likely to interfere with the National Socialists aka (D)emon-rats plans to take control.
My father fought against the Nazis. We, his sons and the sons and grandsons of his brethren will not allow these (D)emon-rats to have their way unopposed.
You have picked the traitor’s side with tyrants, those who oppose the U.S. Constitution which you – presumably – swore to defend.
You are despicable.

5JC

This particular crime carried a 20-year sentence. So yeah it’s a big f****** deal.

KoB

Spapos, I very seldom reply to your ramblings, tho surprisingly, I have agreed with some of your posts. I usually just consider the source and ignore you. I will drop this quote from Arthur Sido that I think pretty much sums up the subject matter at hand. And trust me, “Major Malfunction”…when there is a true “armed insurrection” in this Country, you’ll know it…and it won’t be pretty.

To a normal person that is not infected with Trump Derangement Syndrome, January 6th was exactly what it seemed to be. A bunch of people were angry that an election was lost under what are dubious circumstances no matter how you look at it. They went to the Capitol and thanks in no small part to the agitation of Federal agents ended up scuffling with law enforcement, entering a public building where they walked around for a little bit with a few causing some damage, and then left of their own accord. Was it unfortunate, counter-productive and ugly on video? Probably. Was it an “insurrection” or an “attempted coup d’état? Let me ax you this: if the dangerous right-wing in America that has half a billion firearms was going to attempt a coup d’état, would we show up unarmed and then leave on our own? Poor AOC was looking forward to being bent over Nancy Pelosi’s desk and ravished by dozens of MAGA hat wearing Chads but instead had to go home to her pasty White ginger boyfriend for cuddling.”

Oh…and btw…Phuque Off!

Blaster

Damn brother,, that was harsh,,, however it was accurate..

Except for the AOC part,, I think I’d rather,,,,,,,well,,,,take matters into my own hands,,, so to speak!😉

SFC D

“Many right wing propagandists are trying to paint this as vindication for the insurrectionists and Trump.”

Not so. It’s viewed as proof that the feds seriously overstepped in their prosecution of the JAN 6 dumbasses. It’s just one more piece of evidence that the DOJ has nothing to do with justice and is all about vengeance and political machinations. And hey… you’re a fraud.

Blaster

I agree wholeheartedly!!!

Insurrection? NO!!

Dumbasses? ABSOLUTELY!!

All of the burning of cities and personal property prior to JAN 6 was “mostly peaceful”!! But JAN 6 was “terrible”!

Keep playing games until the majority has had enough and it’s going to be ugly. I hate it for my kids. I’d love for them to grow up like it was I. The 70s-80s. Ya know, before there so much systemic racism and white supremacy. There has al been and will always be idiots that believe in white supremacy, but they ain’t around every corner and it isn’t built into everything.

Babbit: I hate that she died, but the man had his side arm drawn and said several times “don’t come in here”. That’s on her! I hate it, but it was.( I watched the video BTW)

USMC Steve

Cannot agree. He shot her from ambush, and she clearly was not armed, nor was she acting in any way aggressive or threatening. That and the fact that the feds and DC popo and such actively obstructed any investigation of the shooting, along with hiding the murderer, clearly showed they knew they had fucked up royally.

MarineDad61

Commissar,
More,
as for ex fat ol’ good ol’ boy cop Joe Fishcer,
the ruling won’t keep him out of jail.

And,
based on the Supreme Court ruling,
another local Jan 6 knucklehead,
Leo Brent Bozell IV,
will have his obstruction charge stand,
due to his rooting through Capitol offices, and the Senate Chamber.
Sentenced to 3 years, 9 months.

Not to mention, but I will, 1 more local Jan 6 knucklehead,
the young female idiot from Harrisburg, who stole Pelosi’s laptop.
Jury deadlocked on her “obstruction”,
but she’s now serving her 3 years.

See my new comment with local news article below,
on fat Joe, and his boss, the police chief.

Blaster

Negative ..

They didn’t NARROW the definition! The definition WAS already narrow and the prosecution tried to Broaden it to suit their case!

Try to do better!

MarineDad61

Here’s the LOCAL news, March 2, 2021
that almost none of you know about, or remember,
but I knew about then, and was following daily.

Joe Fischer, a fat ol’ good ol’ boy local township police officer,
who bragged on social media with photos and video
about fighting inside the Capitol.

comment image

His boss, the police chief,
who lied about what he knew, and when he knew it,
who lied to cover for Fischer with the township council,
who got caught,
and here resigns, before being fired himself.

Quote for the ages…. by Joe Fischer
(that aged poorly) to his police chief boss…
“I have no regrets and give zero shits”.

https://www.ldnews.com/story/news/2021/03/02/north-cornwall-police-chief-resigns-after-officer-charged-riots/6886151002/

MarineDad61

And, in a coincidence for the ages… just 1 week ago.

That same local police force is about to vanish,
to become part of a combined (regionalized) multi township force.
In no small part due to fat Joe, his former chief, their antics,
and the local fallout.

https://lebtown.com/2024/06/20/north-cornwall-township-adopts-regional-police-charter/

Last edited 1 day ago by MarineDad61
5JC

The police force is gone because they were paying McDonald’s wages with no chance for advancement to their officers and therefore never had enough officers to be effective. The idea is by pooling resources they can overcome that.

The former chief is an idiot for trying to cover for his officer who is also an idiot.

MarineDad61

5JC,
Made worse by Mrs. Fat Joe,
who despite the loss of PD income by her hubby,
continued her gambling addiction rampage
at nearby Penn National Hollywood Casino
(now 1 more of many tri-county sad family stories
since the local inland casino opened),
at least up to when Fat Joe revealed in court (well into 2022)
that Defendant Joe is running out of cash to pay his lawyers,
and the real reasons were laid out, publicly.

Last edited 1 day ago by MarineDad61