On Friday, the Supreme Court made a 6-3 decision in favor of a Capitol riot defendant against the Biden administration’s broad application of a financial crimes statute.
Justice Amy Coney Barrett surprised many by dissenting from her conservative colleagues and siding with two liberal justices.
Not mentioned by some sources is that Justice Ketanji Brown Jackson, another liberal member of the court, joined the conservative majority in ruling against the government’s use of the criminal statute.
At issue here is 18 U.S.C. §1512(c), which states in its entirety, “Whoever corruptly — (1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or (2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.”
The second portion of statute 1512(c)(2) has been utilized by federal prosecutors in the cases of numerous Jan. 6 defendants, as well as former President Donald Trump.
This includes the case of former police officer Joseph Fischer, who contested the application of the charge, which had previously only been used against individuals involved in tampering with or destroying documentary evidence in financial crimes.
After a D.C. district judge ruled in favor of Fischer and dismissed the 1512(c)(2) charge on the basis that it was limited to evidence tampering, the D.C. Circuit Court reinstated the charge, asserting that it applied to all forms of corrupt obstruction of an official proceeding.
However, a recent decision by the court’s majority led by Chief Justice John Roberts sided with the district court’s narrow interpretation, reversing the circuit court’s ruling and sending the case back for reconsideration under this narrower view of the law.
Chief Justice Roberts was joined by Justices Clarence Thomas, Samuel Alito, Brett Kavanaugh, and Ketanji Brown Jackson in this majority decision.
Justice Jackson also wrote a concurrence agreeing that federal prosecutors had overly broadened their application of the statute but suggesting that Fischer could still potentially be prosecuted under Roberts’ more restricted interpretation.
In her dissent from the majority opinion in Fischer v. U.S., Justice Barrett, along with Justices Sotomayor and Kagen, argued that the application of the “obstruction” statute against Fischer and others in light of the Jan. 6 Capitol riot, which disrupted and delayed the congressional certification of President Joe Biden’s electoral win, appeared to be a clear-cut case.
“So why does the Court hold otherwise?” Barrett asked. “Because it simply cannot believe that Congress meant what it said. Section 1512(c)(2) is a very broad provision, and admittedly, events like January 6th were not its target. (Who could blame Congress for that failure of imagination?)”
“But statutes often go further than the problem that inspired them, and under the rules of statutory interpretation, we stick to the text anyway,” she continued. “The Court, abandoning that approach, does textual backflips to find some way — any way — to narrow the reach of subsection (c)(2). I respectfully dissent.”
Justice Barrett disagreed with Chief Justice Roberts’ narrow interpretation of 1512(c)(2), contending that it should not be restricted by the examples of criminal acts in (c)(1). She argued that Congress intended (c)(2) to be a broad “catchall” provision to encompass any other obstructive acts not explicitly mentioned in the earlier part of the statute.
“There is no getting around it: Section 1512(c)(2) is an expansive statute. Yet Congress, not this Court, weighs the ‘pros and cons of whether a statute should sweep broadly or narrowly,'” she wrote. “Once Congress has set the outer bounds of liability, the Executive Branch has the discretion to select particular cases to prosecute within those boundaries.”
“By atextually narrowing §1512(c)(2), the Court has failed to respect the prerogatives of the political branches. I respectfully dissent,” Barrett concluded.
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7 Comments
Why wasn’t this statute, 18 U.S.C. §1512(c), which states in its entirety, “Whoever corruptly — (1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or (2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.”, used against Hillary Clinton when she wiped her computer “with a rag”? Why is it not being used against both Hunter and Joe Biden when they refuse to cooperate or provide the evidence of collusion and corruption with in the family? Why hasn’t this been used against Nancy Pelois in her obvious and flagarently abusive “Insider Trading” tactics which she thinks she is entitied to do becasue of course she is above the law. Sure appears to me that well over half of the elected officials of this nation some how avoide getting wacked for their misbehavior and illegal activity. How do they do it?
All of the real conservatives voiced our negative opinion about Barrett when Trump selected her. She is an establishment sellout just like the Bush-Cheney puppet Roberts.
One has to wonder just how much Barret was paid to do what she did.
OST other countries have banned Mail in voting because of all the fraud involved..not in the United States of course..thats the only way some democts can get back in office..just pond scum these public officials weren’t meant to be a career job
NEVER again nominate a woman to the Supreme Court! With only one or two exceptions they eventually put their emotions and opinions above the Constitution.
“Whoever corruptly — (1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or (2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.”
This is what the FBI did as part of the Mara Logo RAID… They ALTERED the Documents , put sleeves on them and put them in the folders OUT of ORDER
The entire J-6 fiasco is a prime example of the gigantic lie that is the progressive movement! Your time is running out America! See an old soldier/cop’s warning below.
ABSOLUTE CANDOR, THERE IS NO SUBSTITUTE!
American politicians, bureaucrats, academicians, and members of the media listen up. May a very old ground combat veteran give you a piece of advice? Suggest you pay special attention to the first two lessons learned presented below and then ask yourself where you place ‘absolute candor’ on your list for standards governing your overall personal character. If candor does not rank at the top of your list, suggest you thank your God that you were never called to serve as a leader in a ground combat unit and/or hope that the American people don’t adopt the most cost effective personnel management practice employed by ground combat veterans over many centuries!
AN OLD SOLDIER/COP’S LESSONS LEARNED.
*The ‘Seven C’s of Leadership’ according to a survey of Vietnam era ground combat veterans listed of the order of their importance to the veterans are; Candor, Competence, Consistency, Commitment, Courage, Compassion, and Courtesy. The reason the veterans chose “candor” is because candor encompasses both omission and co-mission. To a combat veteran the lack of absolute candor, be it co-mission or omission, are equal sins! It has been my observation that, democrats are masters of co-mission while republicans are masters of omission!
*The American people are the most effectively lied to people in modern times thanks primarily to the political class, the bureaucracies at every level of government, the media, and academia.
*The American Profession of Arms and our brothers/sisters in blue have failed to protect the American people from all of their enemies, both foreign and ‘most especially’ domestic.
*American soldiers and police officers must in addition to mastering all of their professionally mandated tasks learn to accomplish the same with at least one arm tied behind their backs, and their vision and hearing impaired 50% or more.
*Soldiers (especially ground combat soldiers) do not fight first and foremost for their country, the flag, motherhood, girls back home, nor apple pie. Before all else, soldiers engaged in ground combat fight for their fellow soldiers and their unit. Why? Because in every war/police action/whatever in the twentieth century and thus far in the twenty-first, the strategies/tactics adopted by mostly incompetent/corrupt military and civilian managers (notice, I said managers not leaders) were/are primarily designed to benefit the military/industrial/political complex with far less regard for those personnel charged with employing the same. In short, the American soldier has been a mercenary throughout most of our history and were officially branded the same in 1969 with the creation of the “All Volunteer Army (VOLAR)”.
*Most of the politicians/bureaucrats/academicians/media types I have encountered during my years as a soldier and a cop I most kindly refer to as; self-serving, corrupt, incompetent, witless, cowards. Note: Prior to retiring to the deep woods I referred to most of the before mentioned folks as self-serving, corrupt, incompetent, witless, cowardly, piss-ants. After a short time in the woods I came to know that piss-ants are neither self-serving nor witless, and certainly not cowards!
*After carefully watching the whole of the political class for many years I can say without reservation that most of the group will sell their souls and our bodies just to remain in power.
*The end goal of the elites and their minions is not (nor ever has been) socialism, communism, fascism, or capitalism. The elites of the world have used all manner of ideologies, religions, terrorism, wars, etc., to drive the masses/peasants/serfs/whoever in one direction. That direction leads to one of the oldest forms of human control ever employed in the history of mankind. That form of human control is Feudalism!
*The greatest threats to the American people are the corrupt and/or incompetent politicians/bureaucrats/academicians found at every level of government/academia, and the majority of the so-called media.
*If the so-called ‘progressive movement’ continues unchecked a number of able veterans/soldiers/cops are going to be presented with a challenge/decision. Are the American people worth another drop of our sweat and/or our blood?
Soldier/Cop, Retired