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BumRushDaShow

(139,097 posts)
Fri Jun 28, 2024, 10:50 AM Jun 2024

Supreme Court rules for Jan. 6 rioter challenging obstruction charge [View all]

Source: NBC News

June 28, 2024, 10:48 AM EDT / Updated June 28, 2024, 11:58 AM EDT


WASHINGTON — The Supreme Court on Friday ruled in favor of a former police officer who is seeking to throw out an obstruction charge for joining the Capitol riot on Jan. 6, 2021.

The justices in a 6-3 vote on nonideological lines handed a win to defendant Joseph Fischer, who is among hundreds of Jan. 6 defendants — including former President Donald Trump — who have been charged with obstructing an official proceeding over the effort to prevent Congress' certification of President Joe Biden’s election victory.

The court concluded that the law, enacted in 2002 as part of the Sarbanes-Oxley Act after the Enron accounting scandal, was only intended to apply to more limited circumstances involving forms of evidence tampering, not the much broader array of situations that prosecutors had claimed it covered.

The court sent the case back to lower courts for further proceedings on whether the Justice Department could still prosecute Fischer under the new interpretation of the law.

Read more: https://www.nbcnews.com/politics/supreme-court/supreme-court-rules-jan-6-rioter-challenging-obstruction-char-rcna155902



Link to SCOTUS OPINION - https://www.supremecourt.gov/opinions/23pdf/23-5572_l6hn.pdf

Article updated.

Original article -

June 28, 2024, 10:48 AM EDT


WASHINGTON -- The Supreme Court on Friday ruled in favor of a former police officer who is seeking to throw out an obstruction charge for joining the Capitol riot on Jan. 6, 2021, in a ruling that could benefit former President Donald Trump.

The justices on a 6-3 vote handed a win to defendant Joseph Fischer, who is among hundreds of Jan. 6 defendants -- including Trump -- who have been charged with obstructing an official proceeding over the effort to prevent Congress' certification of President Joe Biden's election victory.

The court concluded that the law, enacted in 2002 as part of the Sarbanes-Oxley Act after the Enron accounting scandal, was only intended to apply in limited circumstances involving tampering with physical evidence.

The court sent the case back to lower courts for further proceedings on whether the Justice Department could still prosecute Fischer under the new interpretation of the law.
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These rulings are political every day bucolic_frolic Jun 2024 #1
Jackson was in the majority. former9thward Jun 2024 #12
The statute had previously been taken to apply to judicial proceedings. Igel Jun 2024 #14
The SC is out of control Stuckinthebush Jun 2024 #2
The DEMOCRACY ending supreme court! bluestarone Jun 2024 #3
We don't have to wait for any more SC rulings mtngirl47 Jun 2024 #4
Note: Jackson was in the majority, Barrett joined the dissent. Nt Fiendish Thingy Jun 2024 #5
JMFC!!! underpants Jun 2024 #6
This relates to a single statute TexasDem69 Jun 2024 #7
It isn't political? I beg to differ. It is absolutely political. They know throwing it back to the lower court will JohnSJ Jun 2024 #9
Do you think Justice Brown Jackson agreed with this decision TexasDem69 Jun 2024 #10
She may not of ruled on "political grounds", but I think she is wrong on this. sarbanes oxley made it clear about JohnSJ Jun 2024 #11
The legislative record and the surrounding text Igel Jun 2024 #16
Thanks. Then they should have used a different act to charge JohnSJ Jun 2024 #18
Fischer was charged with four different offenses. This is the only one that has been sent back for further consideration onenote Jun 2024 #20
Excellent. Thank-you JohnSJ Jun 2024 #23
Those folks who won't vote for trump, implying, threatening or considering not voting for trump, better pull their JohnSJ Jun 2024 #8
Add this to the list of corrections to the law that Dems must make when they're back in the majority. n/t SpankMe Jun 2024 #13
now its ok to goto the captial and rip it apart just because u dont like the vote and u can get away with it. AllaN01Bear Jun 2024 #15
No its not. The decision's impact is limited. onenote Jun 2024 #21
So SCOTUS has now legalized storming the Capitol angrychair Jun 2024 #17
This is extremely alarming. The Grand Illuminist Jun 2024 #19
People need to stop freaking out. The decision's impact is narrow. See Weissman's article: onenote Jun 2024 #22
Not defending the U.S. or Marthe48 Jun 2024 #24
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