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April 22, 2024

Supreme Court Appears to Question Obstruction Charges for J6 Defendants

Most reasonable people would agree that on January 6, 2021, some people went way too far and deserved to be arrested and prosecuted.

However, there were more than 1,000 people arrested, far more than we have seen in other mass protests.

There was another difference in how hundreds of these individuals were charged with obstruction, a charge that could result in them being sentenced to 20 years in jail, which is now being debated before the Supreme Court.

Too Far?

More than 300 January 6 defendants have been charged with obstruction felony for trying to stop the peaceful transfer of power.

That charge is being challenged in Fischer v. United States, and the government's case is not going well.

Most legal pundits applauded U.S. Solicitor General Elizabeth Prelogar's effort while chastising her for appearing to prosecute these defendants with rarely used charges.

The conservative justices on the bench hammered Prelogar for appearing to expand rather than narrow this rule, specifically to prosecute Trump supporters.

As Justice Clarence Thomas noted, “There have been many violent protests that have interfered with proceedings,” but these individuals were not prosecuted in this manner.

When Trump was inaugurated, there were violent protests, but most of those individuals were either not arrested or slapped with a meaningless fine.

The justices did not downplay the violence that day; however, they wondered if Prelogar was being far too liberal with the obstruction charge.

In this case, it is far better to hear this as it went down than it would be for me to paraphrase, so when you have about 10 minutes, give this a listen…

To me, the court will rule against the government, which would be a disaster for Jack Smith because it could gut the key charges against Trump in the January 6 case.

Unfortunately, we will likely have to wait until June for the court to announce its opinion, but that case is currently being held up due to other legal challenges.

Rest assured, both sides are sitting on the edge of their seats right now awaiting that ruling.

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