Things are not looking good for Jack Smith or his case against President Trump.
The Supreme Court heard oral arguments on Tuesday in Fischer vs. United States, and, according to sources, the SCOTUS judges were not convinced by the DOJ’s arguments.
At the center of the case is the argument that the DOJ was unusually heavy-handed with the sentences it gave to scores of January 6th protestors.
If the SCOTUS Justices ultimately side with the defendants in the case, it could have massive implications for both the January 6th political prisoners and the 45th President.
More importantly, if SCOTUS finds that the DOJ was heavy-handed in its charging and sentencing of the January 6th prisoners, Smith’s entire case could go out the window.
Judge Neil Gorsuch posed this question to the DOJ’s legal team: “Would pulling a fire alarm before a vote qualify for 20 years in federal prison?” Here are the latest updates:
“Would pulling a fire alarm before a vote qualify for 20 years in federal prison?”
— U.S. Supreme Court Justice Neil Gorsuch draws comparison between January 6 rioters storming the Capitol and Rep. Jamaal Bowman (D-NY) pulling a fire alarm before a congressional vote pic.twitter.com/93jCS4xqJy
— The Recount (@therecount) April 16, 2024
BIG- Supreme Court arg on whether “obstructing an official proceeding” can form the basis for a crim charge vs J6 Ds (INCLUDING TRUMP – this is the heart of Smith’s J6 case vs him) is not going well for the govt. At all. (All 6 conservatives sound on side of the defense.)
— Megyn Kelly (@megynkelly) April 16, 2024
Amy Coney Barrett asks question on a point raised by Jack Smith, which is whether 1512c2 defendants did attempt to obstruct with documents, i.e., electoral certificates.
KBJ presses Green on whether statute applies to evidence since the word "evidence" doesn't appear in the…
— Julie Kelly 🇺🇸 (@julie_kelly2) April 16, 2024
Legacy media outlet Reuters, backed up early reports that the SCOTUS Justices weren’t buying the DOJ’s claims:
Conservative U.S. Supreme Court justices on Tuesday signaled skepticism toward an obstruction charge brought by the Justice Department against a Pennsylvania man in the 2021 Capitol attack – a case with possible implications for the prosecution of Donald Trump for trying to overturn his 2020 election loss.
Kyle Becker provided this update on Supreme Court Justice Clarence Thomas after concerns arose over Thomas’ unexpected absence yesterday:
“Clarence Thomas is BACK at SCOTUS and He is Already Dropping the Hammer on Major J6 Case The critical J6 case of Fischer vs. United States is underway at the Supreme Court.
One Justice who is back after a ‘mysterious’ absence on Monday, Clarence Thomas, asked the first question.
“The question is whether the second part–very vague–is tied or independent of the first part: ‘alters, destroys, mutilates, or conceals a record, document, or other object, with the intent to impair the object’s integrity or availability for use in an official proceeding,'” Julie Kelly noted.
The felony “obstruction of an official proceeding” charge has been applied to hundreds of J6 cases, despite the lack of precedent.
The 1512(c)(2) obstruction of an official proceeding statute typically applies to cases where a corporation destroys documents related to an ongoing court case.
If the Supreme Court removes the obstruction of an official proceeding charge from January 6 cases, D.C. circuit judges have promised to issue more severe sentencing guidelines to make up for the removed charge.”
Clarence Thomas is BACK at SCOTUS and He is Already Dropping the Hammer on Major J6 Case
The critical J6 case of Fischer vs. United States is underway at the Supreme Court.
One Justice who is back after a 'mysterious' absence on Monday, Clarence Thomas, asked the first… pic.twitter.com/Tp29fYHn7j
— Kyle Becker (@kylenabecker) April 16, 2024
Fischer vs United States, J6 obstruction case, oral arguments @ SCOTUS have ended.
Now we wait for opinion. https://t.co/Izem1Rx0NQ
— Cara TXZEAL (@Cara_TXZEAL) April 16, 2024
ABC 7 Chicago, a local affiliate of ABC News, outlined the DOJ’s claims:
Joseph Fischer was a participant in the “Stop the Steal” rally on Jan. 6 who faces prosecution for allegedly being part of the crowd that entered the Capitol as Congress was attempting to certify the 2020 election results.
The Justice Department alleges Fischer’s unauthorized presence inside the Capitol building impeded Congress’ certification of the electoral vote count, which is an “official proceeding.”
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