by This is a stunning development…
In a massive victory for J6 political prisoners and an unprecedented defeat for the corrupt Biden/Garland/Monaco/Graves DOJ, SCOTUS has overturned the DOJ’s use of 1512(c)(2), obstruction of an official proceeding, in J6 cases.
THIS MEANS THE DEPARTMENT OF JUSTICE HAS UNLAWFULLY PROSECUTED 350+ AMERICANS FOR THEIR PARTICIPATION IN JANUARY 6–A FLAGRANT ABUSE OF THE LAW TO PUNISH THOSE WHO PROTESTED BIDEN’S ELECTION AND TO CRIMINALIZE POLITICAL DISSENT.
Massive victory and a very good day. Justice Ketanji Brown Jackson joined the conservatives in overturning the DOJ’s unlawful overreach on the statute, while Amy Coney Barrett inexplicably joined the dissent in another black eye for her appointment.
Roberts for 6-3 court: “The Government’s theory would also criminalize a broad swath of prosaic conduct, exposing activists and lobbyist to decades in prison. Our usual approach in obstruction cases has been to “resist reading” particular sub-provisions “to create a coverall statute.” Yates, 574 U. S., at 549 (plurality opinion). Nothing in the text or statutory history gives the Court a reason to depart from that practice today. And the Government’s interpretation would give prosecutors broad discretion to seek a 20-year maximum sentence for acts Congress saw fit to punish with far shorter sentences. By reading (c)(2) in light of (c)(1), the Court affords proper respect to “the prerogatives of Congress” in carrying out the quintessentially legislative act of defining crimes and setting the penalties for them. United States v. Aguilar, 515 U. S. 593, 600. 64 F. 4th 329, vacated and remanded.”
ACB joins DISSENT.
KBJ joins Roberts, Thomas, Alito, Kav, Gorsuch.
Full PDF to this beautiful decision is here.