SCOTUS Agrees to Hear J6 Defendant’s Appeal

mariakray /
mariakray /

As you know, Biden’s Department of Justice has pretty much made life a living hell for any and all individuals even remotely involved in the incursion on the Capitol grounds on January 6, 2021. Thankfully, the Supreme Court is officially getting involved – and that could change everything.

If you haven’t heard, over a thousand Americans have been arrested and charged with various crimes involving the so-called J6 “insurrection.”

One of those is Joseph Fischer of Pennsylvania. Fischer, like most protesters present that day, wasn’t involved in violence of any kind or damaging any federal property. Instead, as is his right, he “peacefully and patriotically” let his voice be heard, just as then-President Donald Trump encouraged him to do.

And yet, he, along with several others, is being charged with a felony that will see him spend up to 20 years in prison.

According to the Department of Justice, Fischer is guilty of “Obstruction of an Official Proceeding and Aiding and Abetting” under § 1512(c)(2).

There’s just one problem, though.

What Fischer did and what the charge is have nothing to do with one another.

And so, as is also his right, Fischer has taken the matter to the Supreme Court. And shockingly, they have agreed to hear his argument.

As NBC News explains, the charge is a provision “enacted in 2002 as part of the Sarbanes-Oxley Act, a bill passed in the aftermath of the Enron accounting scandal. As such, defendants say it was never intended to apply to an incident such as January 6.”

You see, the Sarbanes-Oxley Act is all about the destruction of documentation. While Trump has been charged with two counts of this, specifically detailing documents as being destroyed, there is nothing about Fischer’s actions that says he did the same.

For the defendant and those supporting him, it’s clear the only reason the DOJ is charging him with this is because it’s a felony and holds a sentence of severe jail time, something they definitely want to see for any and all J6 defendants and Donald Trump.

Plus, they could never actually prove “insurrection.”

Now, initially, US District Judge Carl Nichols dismissed these felony charges against Fischer in March 2022, noting that as Fischer didn’t mess with any documents, the charges can’t apply to him. But the US Court of Appeals reinstated them, siding with the DOJ back in April.

According to them, the language of “otherwise obstructs, influences, or impeded any official proceeding, or attempts to do so” can be taken out of context (document destruction) and applied to Fischer’s actions.

Naturally, Fischer is fighting that ruling.

And a ruling in Fischer’s favor could change everything – not only for him but also for numerous other J6 defendants and Donald Trump.

As journalist Julie Kelly explains, setting the case before the Supreme Court offers a renewed chance to see the DOJ put in its place and even punished for abusing both its power and, in this case, the evidence tampering statute.

Should SCOTUS side with Fischer, the repercussions will be felt nationwide, with nearly all similar charges being questioned.

And, of course, it will mean that Jack Smith’s case against Trump will lose a major footing.

If you weren’t aware, two of the four indictment counts against Trump involve the very same § 1512 obstruction charges. And if SCOTUS agrees to throw them out for Fischer, the likelihood of them standing for Trump will be minimal.

Plus, since this is a SCOTUS case now, which usually takes months longer, it could bump Smith’s entire case against Trump back considerably. Clearly, the plan has always been to ensure that Trump is either stripped of his right to run for office or imprisoned before the general election of 2024.

Currently, the trial against Trump is scheduled for March. But it could take SCOTUS until the end of June before a decision is officially made. And that’s if SCOTUS doesn’t rule in Trump’s favor on the expedited question of presidential immunity Smith just filed for last week.

To put it mildly, Smith’s entire case is currently up in the air. And who knows where it will fall.