My Newest Piece for Real Clear Investigations
Petitions pending before the Supreme Court seek to overturn the DOJ's use of a post-Enron scandal obstruction law against Jan 6 defendants including Donald Trump. I explain it here.
The possibility that the highest court could take up this matter represents a rare glimmer of hope for the more than 300 January 6 defendants charged with “obstruction of an official proceeding,” 1512(c)(2). It also could have major ramifications for Special Counsel Jack Smith’s indictment against Donald Trump for his alleged attempts to “overturn” the 2020 election and instigate the events of January 6.
Many court observers, even those on the Left, believe SCOTUS must review how this law has been applied in what one appellate court judge admitted is a “novel” way against Americans who temporarily delayed the certification of the election that day.
This is longer than my typical piece but well worth your time! I also linked a column by Jason Willick at the Washington Post on the same subject.
https://www.washingtonpost.com/opinions/2023/11/01/jamaal-bowman-fire-alarm-legal-complication/
The abuse of 1512(c)(2) is part of the overall abuse of the criminal justice system by the DOJ. The DOJ is not prosecuting “crimes,” it is prosecuting political differences. No prosecutor from Merrick Garland to Jack Smith and the DC AUSAs who participate in prosecuting Americans to silence them from asking questions about the 2020 election or to prevent them from taking steps to prevent a repeat of 2020 should permitted anywhere near a US Court House. That Federal Judges have allowed these prosecutors to grossly violate the rights of law-abiding citizens is sickening. They are even bigger villains than the prosecutors. The Supreme Court needs to act decisively.
Great piece. I read it on RCP and sent the link to friends I thought would be interested, with the comment that it’s kinda freaky that only one journalist in America is covering this. 😳