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mahatmakanejeeves

(57,527 posts)
Tue Apr 16, 2024, 01:07 PM Apr 16

Supreme Court seems divided over obstruction charge in Jan. 6 case that may impact Trump, rioters

Source: Washington Post

Supreme Court seems divided over obstruction charge in Jan. 6 case that may impact Trump, rioters

Updated 35 min ago

The Supreme Court seemed deeply divided Tuesday over a challenge to a federal law that prosecutors used to charge more than 350 people who were part of the pro-Donald Trump mob that attacked the U.S. Capitol on Jan. 6, 2021.

Several conservatives expressed concern about giving prosecutors broad power that they suggested would allow the government to target peaceful protesters or hecklers who disrupt a court proceeding. Other justices seemed to back the government, while some were interested in finding a way to limit the government’s discretion to apply the statute in a way that might still allow the Jan. 6 cases to proceed.

Defense lawyers say prosecutors improperly stretched the law, which was enacted after the exposure of massive fraud and the shredding of documents during the collapse of the energy giant Enron. More that 100 rioters have already been convicted and sentenced under the charge, and two of the four charges Trump faces in D.C. are related to the statute.

{snip}

Read more: https://www.washingtonpost.com/national-security/2024/04/16/supreme-court-jan-6-obstruction-case-trump-rioters/

12 replies = new reply since forum marked as read
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Supreme Court seems divided over obstruction charge in Jan. 6 case that may impact Trump, rioters (Original Post) mahatmakanejeeves Apr 16 OP
Are the fascist 6 divided among themsleves Marthe48 Apr 16 #1
M. Popok had a piece on this Sunday and was convincing bucolic_frolic Apr 16 #2
*The law, signed in 2002, was prompted by accounting fraud and the destruction of documents, elleng Apr 16 #6
They obstructed the peaceful transfer of power Bluethroughu Apr 16 #3
SO IT WAS OKAY? Jimvanhise Apr 16 #4
Supreme Court Appears Skeptical of Using Obstruction Law to Charge Jan. 6 Rioters. elleng Apr 16 #5
I would like to see what they think if a couple thousand rioters storms the Supreme Court and they ran for their lives Walleye Apr 16 #7
Was thinking Rebl2 Apr 16 #11
And of course Clarence Thomas recuses madamesilverspurs Apr 16 #8
Oh FFS Yo_Mama_Been_Loggin Apr 16 #9
Thomas got his marching orders oasis Apr 16 #10
BOHICA orangecrush Apr 16 #12

Marthe48

(16,981 posts)
1. Are the fascist 6 divided among themsleves
Tue Apr 16, 2024, 01:13 PM
Apr 16

Or does the article mean the entire court?

I am being only a little sarcastic. If the division is among the 6 fascists, there's a chance the traitors who attacked our country will continue to get the punishment they richly deserve. If division is among all 9 of the (formerly) supreme court are divided, then justice is a toss-up. Guess we'll see.

elleng

(131,006 posts)
6. *The law, signed in 2002, was prompted by accounting fraud and the destruction of documents,
Tue Apr 16, 2024, 02:17 PM
Apr 16

but the provision is written in broad terms.

At least part of what the law meant to accomplish was to address a gap in the federal criminal code: It was a crime to persuade others to destroy records relevant to an investigation or official proceeding but not to do so oneself. The law sought to close that gap.

It did that in a two-part provision. The first part makes it a crime to corruptly alter, destroy or conceal evidence to frustrate official proceedings. The second part, at issue in Mr. Fischer’s case, makes it a crime “otherwise” to corruptly obstruct, influence or impede any official proceeding.

The heart of the case is at the pivot from the first part to the second. The ordinary meaning of “otherwise,” prosecutors say, is “in a different manner.” That means, they say, that the obstruction of official proceedings need not involve the destruction of evidence. The second part, they say, is broad catchall applying to all sorts of conduct.'

https://www.nytimes.com/2024/04/16/us/supreme-court-jan-6-trump.html

They seem too be doing what we lawyers do, 'hairsplitting' or not. I'm enjoying reading about the argument.

Bluethroughu

(5,173 posts)
3. They obstructed the peaceful transfer of power
Tue Apr 16, 2024, 02:00 PM
Apr 16

of our Government, for an insurrectionist violent poor sport lying loser.

It could not be any clearer, what is wrong with this Democracy hating court.


Jimvanhise

(302 posts)
4. SO IT WAS OKAY?
Tue Apr 16, 2024, 02:11 PM
Apr 16

So it was okay for the rioters/protestors to fight their way through police to illegally enter the Capitol building where reportedly they did millions of dollars in damage? The Supreme Court seems to be the ones splitting hairs.

elleng

(131,006 posts)
5. Supreme Court Appears Skeptical of Using Obstruction Law to Charge Jan. 6 Rioters.
Tue Apr 16, 2024, 02:13 PM
Apr 16

The justices’ questions considered the gravity of the assault and whether prosecutors have been stretching the law to reach members of the mob responsible for the attack.

(NYT)

https://www.nytimes.com/2024/04/16/us/supreme-court-jan-6-trump.html

Walleye

(31,030 posts)
7. I would like to see what they think if a couple thousand rioters storms the Supreme Court and they ran for their lives
Tue Apr 16, 2024, 02:43 PM
Apr 16

Yo_Mama_Been_Loggin

(108,072 posts)
9. Oh FFS
Tue Apr 16, 2024, 03:41 PM
Apr 16

They weren't peaceful protestors you fucking dumbasses. Remember the barricades set up when they overturned Roe v Wage? Their motto must be, "Protection for me but not for thee."

oasis

(49,393 posts)
10. Thomas got his marching orders
Tue Apr 16, 2024, 03:42 PM
Apr 16

yesterday when he called in "sick".
He came in ready for battle today.
MSNBC played an audio exchange between Thomas and the attorney representing the government. Thomas was clearly skeptical of the Government's case.

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