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 Bidens 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 -
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.
bucolic_frolic
(47,921 posts)former9thward
(33,424 posts)Barrett was in the minority. How is that political?
Igel
(36,359 posts)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)We really need to expand to 15. Another reason we have to fight like hell for Joe
bluestarone
(18,461 posts)THIS was a big one!
mtngirl47
(1,110 posts)We know what they will do. They will subvert justice and rule the way they are paid to do.
Fiendish Thingy
(18,999 posts)underpants
(187,711 posts)Stay strong people.
TexasDem69
(2,317 posts)Other criminal charges still stand. This isnt political and theres nothing outrageous about it. The court just said you cant 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)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)On political grounds or because the court was correct on the law?
JohnSJ
(96,908 posts)interfering with official proceedings. Did the act specify that this only applies to financial transactions? That is up to interpretation.
Igel
(36,359 posts)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.
JohnSJ
(96,908 posts)onenote
(44,862 posts)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)JohnSJ
(96,908 posts)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)AllaN01Bear
(23,547 posts)pox the rich mans court.
onenote
(44,862 posts)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)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)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.
onenote
(44,862 posts)Marthe48
(19,594 posts)The Constitution of t he U.S.A.
Charge the traitor with something else and make it stick.