July 8, 2024

DOJ Looking for Foothold to Pursue Charges on J6 Charges

Last week, the Supreme Court threw a wrench into the plans of the Biden DOJ by dismissing the idea that January 6 was an insurrection.

This has jammed up the Department of Justice in terms of how to represent charges against J6 defendants who were facing insurrection charges of a derivative of that.

Now the DOJ is scrambling to figure out how it can form new obstruction charges.

Big Blow

There were roughly 350 J6 rioters who were charged with having interrupted the certification of the 2020 election.

The Supreme Court ruled that the DOJ was quite liberal with its interpretation of the law, a significant blow to the cases against these individuals.

The DOJ is actually using the majority opinion of liberal Justice Ketanji Brown Jackson to form its new charges.

Trump-appointed Justice Amy Coney Barrett, shockingly, signed on to the dissenting opinion with the two other liberal justices.

On Monday, prosecutors asked for the sentencing of one of the leaders of the Oath Keepers to be delayed based on the ruling.

Assistant U.S. Attorney Kathryn Rakoczy wrote in court filings for defendants Thomas Caldwell and Donovan Crowl, stating, “Here, the United States seeks a continuance to assess the impact of the Fischer decision.

“A brief continuance of 30-60 days would not prejudice the defendant or the Court; to the contrary, it would help to ensure a uniform and consistent approach before each judge of the District and Circuit.”

Jon Lewis, a research fellow at the Program on Extremism at George Washington University, believes these defendants were unfairly prosecuted, stating, “I think what is perhaps more significant is the rhetorical win this provides to right-wing narratives around a deep state persecution and Jan. 6 political prisoners.

“This ruling will be twisted and weaponized as validation of every conspiracy and every grievance that has emerged out of this milieu in recent years, and will [be] used to rally another ‘stop the steal’ coalition in advance of the upcoming election.”

Remember, Donald Trump also has numerous charges that were impacted by this ruling, so the DOJ will only get one shot at this to ensure they can still move forward against Trump on obstruction charges.

Special Counsel Jack Smith has to be wondering what kind of bad karma he drummed up to run into this horrible stretch of luck he had during these cases.

Or maybe, just maybe, he pushed the limits of the law a bit too far when he went after Trump to try to knock him out of this election.

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