Tuesday, April 16, 2024

US_ SO GOOD: During Oral Arguments, Justice Gorsuch Goes There on January 6th Defendants and Jamaal Bowman

RedState

SO GOOD: During Oral Arguments, Justice Gorsuch Goes There on January 6th Defendants and Jamaal Bowman

By Bonchie | 1:45 PM on April 16, 2024

The opinions expressed by contributors are their own and do not necessarily represent the views of RedState.com


AP Photo/Sait Serkan Gurbuz, File

Oral arguments are taking place on Tuesday in the case of Fischer vs. United States, and things have already gotten contentious. They've also gotten hilarious depending on your viewpoint.

The issue the Supreme Court is looking to settle is whether the DOJ's use of a statute regarding obstructing a congressional proceeding applies in Joseph Fischer's case. That decision could affect the cases of hundreds of January 6th defendants and possibly scuttle some of the federal charges against Donald Trump.

Be sure to check out my colleague Brittany Sheehan's excellent coverage for more details.


READ: Supreme Court Hears Fischer Case That Could Throw Out Obstruction Charges Against Trump and Other Jan. 6th Defendants


The case centers on defendant Joseph Fischer's challenge to the Justice Department's charges of "corruptly" obstructing, influencing, or impeding a congressional proceeding on Jan. 6. Lawyers for Fischer argue that the statute used, passed by Congress in 2002 primarily for financial crimes, doesn't apply to his actions during the Capitol incident. The government argues that Fischer's actions disrupted Congress from fulfilling its Electoral Count Act duties.

The question before the justices is whether a provision of the Sarbanes-Oxley Act, enacted in the wake of the collapse of the energy giant Enron, covers the conduct of Fischer, a former police officer. The 2002 legislation was prompted by accounting fraud and document destruction. The provision is written broadly, and debates are centered on whether it should be interpreted widely or limited more narrowly.

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READ MORE: https://redstate.com/bonchie/2024/04/16/during-oral-arguments-justice-gorsuch-goes-there-on-january-6th-protesters-and-jamaal-bowman-n2172858

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