Justice Gorsuch Lays Waste to the Biden Administration's Argument for Jail Sentences

[berg80]

The majority of Supreme Court justices appeared skeptical during oral arguments Tuesday of the Biden Justice Department’s use of a federal obstruction statute in prosecuting over 300 Jan. 6 defendants.

The outcome of the case involving defendant Joseph Fischer could have major implications for former President Donald Trump’s election interference case brought by special counsel Jack Smith. The 45th president is charged under the same law, 18 U.S. Code 1512(c)(2), which has to do with the destruction of documents.

The two competing readings of the obstruction statute, explained​

To understand the two competing interpretations of the obstruction statute, it’s helpful to be familiar with its full text. It provides that:

(c) Whoever corruptly—
(1) 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; or
(2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,
shall be fined under this title or imprisoned not more than 20 years, or both.

Much of the disagreement between judges who read the statute broadly and judges like Nichols and Katsas turns on the proper meaning of the word “otherwise.”

As the DC Circuit held in its opinion adopting DOJ’s reading of the statute, “the word ‘otherwise’ has been given its common meaning of ‘in a different manner’ when used in similarly structured statutes.” So subsection (1) covers obstruction of a government proceeding involving documents, while subsection (2) covers obstruction of such a proceeding that is achieved through some means other than destroying or manipulating a document.

I keep posting this stuff knowing it goes over your head.

 

[WEATHER53]

Bullshit. They were simple protesters. As soon as the Capitol police reinforcements showed up the riot was over.
If you want to see what a real insurrection looks like here's one from Russia's insurrection:

I was being tongue in cheek
It’s insane to suggest that rag tag bunch was attempting to take out the existing government and install their own. Yet lib loons proclaim that constantly and loudly

 

[WEATHER53]

The two competing readings of the obstruction statute, explained​

To understand the two competing interpretations of the obstruction statute, it’s helpful to be familiar with its full text. It provides that:


Much of the disagreement between judges who read the statute broadly and judges like Nichols and Katsas turns on the proper meaning of the word “otherwise.”

As the DC Circuit held in its opinion adopting DOJ’s reading of the statute, “the word ‘otherwise’ has been given its common meaning of ‘in a different manner’ when used in similarly structured statutes.” So subsection (1) covers obstruction of a government proceeding involving documents, while subsection (2) covers obstruction of such a proceeding that is achieved through some means other than destroying or manipulating a document.

I keep posting this stuff knowing it goes over your head.

Fooling around with “otherwise” is a lot like Clinton’s “is…is”

 

[Billiejeens]

True, Benedict Donald never ordered the NG to the Capitol. He gleefully watched the attack on TV for hours while ignoring the GOP's pleas for him to call off his attack dogs.

No need to be more stupid than you have to be.

 

[Billiejeens]

The two competing readings of the obstruction statute, explained​

To understand the two competing interpretations of the obstruction statute, it’s helpful to be familiar with its full text. It provides that:


Much of the disagreement between judges who read the statute broadly and judges like Nichols and Katsas turns on the proper meaning of the word “otherwise.”

As the DC Circuit held in its opinion adopting DOJ’s reading of the statute, “the word ‘otherwise’ has been given its common meaning of ‘in a different manner’ when used in similarly structured statutes.” So subsection (1) covers obstruction of a government proceeding involving documents, while subsection (2) covers obstruction of such a proceeding that is achieved through some means other than destroying or manipulating a document.

I keep posting this stuff knowing it goes over your head.

You are a good little Cultist; I will give you that.
Your understanding of the issues leaves a lot to be desired, though.

 

[OKTexas]

The Supreme Court heard arguments in the Fischer v. United States case, which related to whether the DC Court of Appeals “erred in construing 18 U.S.C. § 1512 obstruction of congressional inquiries and investigations, to include acts unrelated to investigations and evidence,” according to SCOTUSblog. This criminal statute was slapped against hundreds of January 6 defendants, many serving years behind bars.

During oral arguments, Justice Neil Gorsuch poked holes in the Biden Justice Department’s case, listing four instances of “obstructing a Congressional proceeding,” mentioning Rep. Jamaal Bowman’s (D-NY) fire alarm stunt last year:

The best part is when the Solicitor General Elizabeth Prelogar said they would need evidence of intent in these circumstances.

“Oh, they intend to do it alright,” replied Gorsuch.

In March, a federal appeals court ruled that up to 100 January 6 defendants might have had their jail sentences improperly enhanced.

Bj - I listened to some of the proceedings all of this selective J6 persecution will be overturned 6-3 (5-4 at the worst)
Selective prosecution just scratches the surface of this injustice.

Justice Gorsuch Lays Waste to the Biden Administration's Argument for J6 Prison Sentences

townhall.com

Just another example of both State and federal prosecutors twisting statutes to meet their political agenda. Anyone for a two tiered justice system?

.

 

[Billiejeens]

Just another example of both State and federal prosecutors twisting statutes to meet their political agenda. Anyone for a two tiered justice system?

.

It didn't work well when there was 1 justice system for whites and another one for blacks.

Today's two-tiered system isn't working any better.

 

[bendog]

You are a good little Cultist; I will give you that.
Your understanding of the issues leaves a lot to be desired, though.

The problem for Gorsuch is he cannot be a textual literalist and still find the statue does not apply. His question about throwing a fire alarm to prevent a vote in congress is not off point. Did bowman violate the statute? Well yah, he did.

The legal question is simply whether maga's actions violate a plain reading ... and they did.

But it bites both D and R equally. Personally, I don't think congress intended this result, but Gorsuch (claims) textual literalism is the limit of Judge's review. The law could still be overbroad, or infringe upon the 1st or something, but Gosuch is a hypocrite.

 

[Billiejeens]

The problem for Gorsuch is he cannot be a textual literalist and still find the statue does not apply. His question about throwing a fire alarm to prevent a vote in congress is not off point. Did bowman violate the statute? Well yah, he did.

The legal question is simply whether maga's actions violate a plain reading ... and they did.

But it bites both D and R equally. Personally, I don't think congress intended this result, but Gorsuch (claims) textual literalism is the limit of Judge's review. The law could still be overbroad, or infringe upon the 1st or something, but Gosuch is a hypocrite.

That's nice.

 

[bendog]

That's nice.

and you're both stupid and not. It's still a bad law, imo.

 

[Clipper]

The entire J6 Committee and their overseers need to be in Gitmo

No really. That's where domestic terrorist Trump belongs.

 

[Clipper]

The Supreme Court heard arguments in the Fischer v. United States case, which related to whether the DC Court of Appeals “erred in construing 18 U.S.C. § 1512 obstruction of congressional inquiries and investigations, to include acts unrelated to investigations and evidence,” according to SCOTUSblog. This criminal statute was slapped against hundreds of January 6 defendants, many serving years behind bars.

During oral arguments, Justice Neil Gorsuch poked holes in the Biden Justice Department’s case, listing four instances of “obstructing a Congressional proceeding,” mentioning Rep. Jamaal Bowman’s (D-NY) fire alarm stunt last year:

The best part is when the Solicitor General Elizabeth Prelogar said they would need evidence of intent in these circumstances.

“Oh, they intend to do it alright,” replied Gorsuch.

In March, a federal appeals court ruled that up to 100 January 6 defendants might have had their jail sentences improperly enhanced.

Bj - I listened to some of the proceedings all of this selective J6 persecution will be overturned 6-3 (5-4 at the worst)
Selective prosecution just scratches the surface of this injustice.

Justice Gorsuch Lays Waste to the Biden Administration's Argument for J6 Prison Sentences

townhall.com

Bowman pulling a fire alarm equates to Trump & his animals attempting a coup?

Kavanaugh should lay off the fucking booze for awhile.

 

[Billiejeens]

Bowman pulling a fire alarm equates to Trump & his animals attempting a coup?

Kavanaugh should lay off the fucking booze for awhile.

With people as simple as you are roaming society I fear for our country's survival

 

[Robert W]

the Supreme Court scrutinized Tuesday the DOJ’s decision to broaden an obstruction law — widely considered inadequate — to prosecute protestors involved in the Jan. 6 protests.

Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett were direct in their interrogation of Solicitor General Elizabeth Prelogar regarding the DOJ’s utilization of a provision of the Oxley Act of 2002 in their Jan. 6 prosecutions.
The law includes provisions concerning obstruction of official proceedings, historically applied against individuals who tampered with evidence in such cases rather than those who caused a temporary halt in the proceedings, similar to the events of Jan. 6.

Barrett joined in, asking: “Tell me why I shouldn’t be concerned about the breadth of the government’s reading?”

The judges will now weigh the merits of the case and issue a ruling in June, according to media reports.

The case originated from criminal charges filed against Joseph W. Fischer, a former cop who was arrested after entering the Capitol on Jan. 6 and charged with obstruction of an official proceeding.

People are locked up pending the outcome. I believe they are correct and that the SC needs an immediate decision that I believe will anger Democrats.

 

[OKTexas]

Bowman pulling a fire alarm equates to Trump & his animals attempting a coup?

Kavanaugh should lay off the fucking booze for awhile.

The topic is obstructing an official proceeding, do try to stay on topic. Ignorant ass.

.

 

[Billiejeens]

People are locked up pending the outcome. I believe they are correct and that the SC needs an immediate decision that I believe will anger Democrats.

Democrats need to be angered.

 

[Billiejeens]

The topic is obstructing an official proceeding, do try to stay on topic. Ignorant ass.

.

Clippy Gump is simple.

 

[Independent thinker]

The Supreme Court heard arguments in the Fischer v. United States case, which related to whether the DC Court of Appeals “erred in construing 18 U.S.C. § 1512 obstruction of congressional inquiries and investigations, to include acts unrelated to investigations and evidence,” according to SCOTUSblog. This criminal statute was slapped against hundreds of January 6 defendants, many serving years behind bars.

During oral arguments, Justice Neil Gorsuch poked holes in the Biden Justice Department’s case, listing four instances of “obstructing a Congressional proceeding,” mentioning Rep. Jamaal Bowman’s (D-NY) fire alarm stunt last year:

The best part is when the Solicitor General Elizabeth Prelogar said they would need evidence of intent in these circumstances.

“Oh, they intend to do it alright,” replied Gorsuch.

In March, a federal appeals court ruled that up to 100 January 6 defendants might have had their jail sentences improperly enhanced.

Bj - I listened to some of the proceedings all of this selective J6 persecution will be overturned 6-3 (5-4 at the worst)
Selective prosecution just scratches the surface of this injustice.

Justice Gorsuch Lays Waste to the Biden Administration's Argument for J6 Prison Sentences

townhall.com

The dems are twisting every law they can to get Trump and his supporters.

 

[Billiejeens]

The dems are twisting every law they can to get Trump and his supporters.

Their willingness to execute a coup on a sitting President clearly indicated there was nothing that was off limits.

 

[Clipper]

The topic is obstructing an official proceeding, do try to stay on topic. Ignorant ass.

.

I related what Kavanaugh said in court, you asswipe.