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Supreme Court Appears Skeptical of Using Obstruction Law to Charge Jan. 6 Rioters

Posted on 4/16/24 at 11:45 am
Posted by WPBTiger
Parts Unknown
Member since Nov 2011
30914 posts
Posted on 4/16/24 at 11:45 am
NYT

quote:

The Supreme Court seemed wary on Tuesday of letting prosecutors use a federal obstruction law to charge hundreds of rioters involved in the Capitol attack on Jan. 6, 2021.


quote:

Justice Clarence Thomas, who returned to the bench after an unexplained absence on Monday, asked whether the government was engaging in a kind of selective prosecution. “There have been many violent protests that have interfered with proceedings,” he said. “Has the government applied this provision to other protests?”

Justices Samuel A. Alito Jr. and Neil M. Gorsuch asked questions along similar lines.

But the justices mostly considered whether a provision of the Sarbanes-Oxley Act, enacted in the wake of the collapse of the energy giant Enron, covers the conduct of a former police officer, Joseph W. Fischer, who participated in the Capitol assault, on Jan. 6, 2021.


Posted by TigerFanatic99
South Bend, Indiana
Member since Jan 2007
27501 posts
Posted on 4/16/24 at 12:05 pm to
quote:

But the justices mostly considered whether a provision of the Sarbanes-Oxley Act, enacted in the wake of the collapse of the energy giant Enron, covers the conduct of a former police officer, Joseph W. Fischer, who participated in the Capitol assault, on Jan. 6, 2021.


Charging a Jan6 protestor with a SOX violation is peak circus world.
Posted by laxtonto
Member since Mar 2011
1912 posts
Posted on 4/16/24 at 12:10 pm to
5-4 seems the minimum on the questions asked during the arguments, maybe 6-3. Best case 7-2 with how two of the liberal justices seemed to have various issues with the broad overreach of the sub-statute...

Regardless it seems that it didn't go that well for the government case in oral arguements


It was more interesting when I think Alito or Gorsuch asked if what constitutes interrupting an official proceeding and if that includes pulling a fire alarm during a vote...
This post was edited on 4/16/24 at 12:13 pm
Posted by Timeoday
Easter Island
Member since Aug 2020
8496 posts
Posted on 4/16/24 at 12:14 pm to
Heck, criminal prosecutors are now using the RICO Act to go after small business. Prosecutors can be real creative and love to go fishing, especially for the big fish.

Posted by Taxing Authority
Houston
Member since Feb 2010
57120 posts
Posted on 4/16/24 at 12:31 pm to
quote:

Charging a Jan6 protestor with a SOX violation is peak circus world.
Remember this the next time some congressman says "this law will only affect a small number of people".
Posted by wackatimesthree
Member since Oct 2019
3732 posts
Posted on 4/16/24 at 12:35 pm to
That's fro the NYT.

A poster earlier told me that we should automatically assume that the NYT is lying about whatever it prints.

I'm sure he forgot to be specific and say that we should automatically assume the NYT is lying when it prints something we don't like and believe it without question when it prints something we do like, but all I have to go by so far is his general statement.
Posted by Flats
Member since Jul 2019
21701 posts
Posted on 4/16/24 at 12:38 pm to
quote:

“There have been many violent protests that have interfered with proceedings,” he said. “Has the government applied this provision to other protests?”


Uh oh. Time for SFP to spaz out with cries of whataboutism.
Posted by chili pup
Member since Sep 2011
2062 posts
Posted on 4/16/24 at 12:39 pm to
quote:

“Has the government applied this provision to other protests?”


Referencing "The Summer of Love" possibly?

Posted by TS1926
Alabama
Member since Jan 2020
5736 posts
Posted on 4/16/24 at 12:43 pm to
quote:

wackatimesthree


frick off already.

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