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BumRushDaShow

(145,165 posts)
Fri Jun 28, 2024, 09:50 AM Jun 2024

Supreme Court rules for Jan. 6 rioter challenging obstruction charge

Source: NBC News

June 28, 2024, 10:48 AM EDT / Updated June 28, 2024, 11:58 AM EDT


WASHINGTON — The Supreme Court on Friday ruled in favor of a former police officer who is seeking to throw out an obstruction charge for joining the Capitol riot on Jan. 6, 2021.

The justices in a 6-3 vote on nonideological lines handed a win to defendant Joseph Fischer, who is among hundreds of Jan. 6 defendants — including former President Donald Trump — who have been charged with obstructing an official proceeding over the effort to prevent Congress' certification of President Joe Biden’s election victory.

The court concluded that the law, enacted in 2002 as part of the Sarbanes-Oxley Act after the Enron accounting scandal, was only intended to apply to more limited circumstances involving forms of evidence tampering, not the much broader array of situations that prosecutors had claimed it covered.

The court sent the case back to lower courts for further proceedings on whether the Justice Department could still prosecute Fischer under the new interpretation of the law.

Read more: https://www.nbcnews.com/politics/supreme-court/supreme-court-rules-jan-6-rioter-challenging-obstruction-char-rcna155902



Link to SCOTUS OPINION - https://www.supremecourt.gov/opinions/23pdf/23-5572_l6hn.pdf

Article updated.

Original article -

June 28, 2024, 10:48 AM EDT


WASHINGTON -- The Supreme Court on Friday ruled in favor of a former police officer who is seeking to throw out an obstruction charge for joining the Capitol riot on Jan. 6, 2021, in a ruling that could benefit former President Donald Trump.

The justices on a 6-3 vote handed a win to defendant Joseph Fischer, who is among hundreds of Jan. 6 defendants -- including Trump -- who have been charged with obstructing an official proceeding over the effort to prevent Congress' certification of President Joe Biden's election victory.

The court concluded that the law, enacted in 2002 as part of the Sarbanes-Oxley Act after the Enron accounting scandal, was only intended to apply in limited circumstances involving tampering with physical evidence.

The court sent the case back to lower courts for further proceedings on whether the Justice Department could still prosecute Fischer under the new interpretation of the law.
24 replies = new reply since forum marked as read
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Supreme Court rules for Jan. 6 rioter challenging obstruction charge (Original Post) BumRushDaShow Jun 2024 OP
These rulings are political every day bucolic_frolic Jun 2024 #1
Jackson was in the majority. former9thward Jun 2024 #12
The statute had previously been taken to apply to judicial proceedings. Igel Jun 2024 #14
The SC is out of control Stuckinthebush Jun 2024 #2
The DEMOCRACY ending supreme court! bluestarone Jun 2024 #3
We don't have to wait for any more SC rulings mtngirl47 Jun 2024 #4
Note: Jackson was in the majority, Barrett joined the dissent. Nt Fiendish Thingy Jun 2024 #5
JMFC!!! underpants Jun 2024 #6
This relates to a single statute TexasDem69 Jun 2024 #7
It isn't political? I beg to differ. It is absolutely political. They know throwing it back to the lower court will JohnSJ Jun 2024 #9
Do you think Justice Brown Jackson agreed with this decision TexasDem69 Jun 2024 #10
She may not of ruled on "political grounds", but I think she is wrong on this. sarbanes oxley made it clear about JohnSJ Jun 2024 #11
The legislative record and the surrounding text Igel Jun 2024 #16
Thanks. Then they should have used a different act to charge JohnSJ Jun 2024 #18
Fischer was charged with four different offenses. This is the only one that has been sent back for further consideration onenote Jun 2024 #20
Excellent. Thank-you JohnSJ Jun 2024 #23
Those folks who won't vote for trump, implying, threatening or considering not voting for trump, better pull their JohnSJ Jun 2024 #8
Add this to the list of corrections to the law that Dems must make when they're back in the majority. n/t SpankMe Jun 2024 #13
now its ok to goto the captial and rip it apart just because u dont like the vote and u can get away with it. AllaN01Bear Jun 2024 #15
No its not. The decision's impact is limited. onenote Jun 2024 #21
So SCOTUS has now legalized storming the Capitol angrychair Jun 2024 #17
This is extremely alarming. The Grand Illuminist Jun 2024 #19
People need to stop freaking out. The decision's impact is narrow. See Weissman's article: onenote Jun 2024 #22
Not defending the U.S. or Marthe48 Jun 2024 #24

Igel

(36,359 posts)
14. The statute had previously been taken to apply to judicial proceedings.
Fri Jun 28, 2024, 11:50 AM
Jun 2024

Tampering with evidence, obstructing official court proceedings.

I've seen the argument that by impeding Pence's determination that the electoral ballots were valid that was a "judicial function" but this was stretching the law, a novel theory that many wanted (and many didn't want). I'm not surprised the novel theory was viewed as too stretched.

Would have been a handy precedent. (Sadly, it would also mean that pulling a fire alarm to obstruct a vote--an official proceeding would also count, as would occupying a Senate or House committee to block a vote. What applies to them applies to (D)'s and progressives.)

Stuckinthebush

(11,055 posts)
2. The SC is out of control
Fri Jun 28, 2024, 09:57 AM
Jun 2024

We really need to expand to 15. Another reason we have to fight like hell for Joe

mtngirl47

(1,110 posts)
4. We don't have to wait for any more SC rulings
Fri Jun 28, 2024, 09:58 AM
Jun 2024

We know what they will do. They will subvert justice and rule the way they are paid to do.


 

TexasDem69

(2,317 posts)
7. This relates to a single statute
Fri Jun 28, 2024, 10:06 AM
Jun 2024

Other criminal charges still stand. This isn’t “political” and there’s nothing outrageous about it. The court just said you can’t use Sarbanes-Oxley, which was enacted in response to Enron and other similar scandals, to charge people who participated in January 6.

JohnSJ

(96,908 posts)
9. It isn't political? I beg to differ. It is absolutely political. They know throwing it back to the lower court will
Fri Jun 28, 2024, 10:35 AM
Jun 2024

cause and indefinite delay if not permanent until after the election. They are going to play the same wordsmithing with the immunity case and send that back to the district court, asking the lower court to determine which crimes merit immunity, and which don't.

I will be very surprised if either cases gets decided. It definitely won't be before the election, and if trump wins, they all go away.

 

TexasDem69

(2,317 posts)
10. Do you think Justice Brown Jackson agreed with this decision
Fri Jun 28, 2024, 10:38 AM
Jun 2024

On political grounds or because the court was correct on the law?

JohnSJ

(96,908 posts)
11. She may not of ruled on "political grounds", but I think she is wrong on this. sarbanes oxley made it clear about
Fri Jun 28, 2024, 10:45 AM
Jun 2024

interfering with official proceedings. Did the act specify that this only applies to financial transactions? That is up to interpretation.

Igel

(36,359 posts)
16. The legislative record and the surrounding text
Fri Jun 28, 2024, 11:52 AM
Jun 2024

all apply to judicial proceedings.

This would be saying the statute has parts that are

judicial
judicial
judicial
judicial
judicial
judicial
judicial
judicial
judicial
judicial
judicial
judicial
judicial and legislative
judicial
judicial
judicial
judicial
judicial
judicial
judicial
judicial
judicial
judicial.

Rules of construal don't like that kind of exceptionalism. So while it might be something desired, it was always a hail-Mary pass.

onenote

(44,862 posts)
20. Fischer was charged with four different offenses. This is the only one that has been sent back for further consideration
Fri Jun 28, 2024, 04:20 PM
Jun 2024

He still must stand trial for the other three.

I recommend this article by Andrew Weissman and others, which points out the limited practical impact of the Court's ruling today.
https://www.justsecurity.org/96493/supreme-court-obstruction-january-6th/

JohnSJ

(96,908 posts)
8. Those folks who won't vote for trump, implying, threatening or considering not voting for trump, better pull their
Fri Jun 28, 2024, 10:27 AM
Jun 2024

collective heads out of the sand, and cut the crap. Barring any unforeseen event, this election will be between President Biden and trump, and if they play the same crap that was played in 2016, where they think they will "teach the Democrats a lesson", by not voting for President Biden, they may end up contributing to the end of our democracy.

SpankMe

(3,326 posts)
13. Add this to the list of corrections to the law that Dems must make when they're back in the majority. n/t
Fri Jun 28, 2024, 11:27 AM
Jun 2024

AllaN01Bear

(23,547 posts)
15. now its ok to goto the captial and rip it apart just because u dont like the vote and u can get away with it.
Fri Jun 28, 2024, 11:50 AM
Jun 2024

pox the rich mans court.

onenote

(44,862 posts)
21. No its not. The decision's impact is limited.
Fri Jun 28, 2024, 04:21 PM
Jun 2024

For example, it doesn't have any impact on the portion of the indictment against Fisher for disorderly conduct.

See: https://www.justsecurity.org/96493/supreme-court-obstruction-january-6th/

angrychair

(9,951 posts)
17. So SCOTUS has now legalized storming the Capitol
Fri Jun 28, 2024, 12:03 PM
Jun 2024

Our country is toast. Now people can riot and break into Congress anytime they want and SCOTUS says it's legal.

The Grand Illuminist

(1,721 posts)
19. This is extremely alarming.
Fri Jun 28, 2024, 04:12 PM
Jun 2024

If given a choice between Bannon's freedom or this, I rather have Bannon free. The numbers, this ruling will affect, is too great to go free and they are a much more greater threat to our way of life.

Marthe48

(19,594 posts)
24. Not defending the U.S. or
Fri Jun 28, 2024, 06:26 PM
Jun 2024

The Constitution of t he U.S.A.

Charge the traitor with something else and make it stick.

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