.... A good day at the Supreme Court
July 01, 2024
Dear Patriot,
It is no wonder that the crazy left is hellbent on destroying the Supreme Court by attacking Justices and threatening to pack the court. (Which they WILL do if they get control of everything.) The Court is now one of our last lines of defense towards saving this country from communists.
The decisions announced last week are the stone thrown into the pond that causes ripples.
These ripples will last for decades. The left knows this and they hate it.
Today, we spend some time with three Supreme Court decisions and one Texas Supreme Court decision.
Also, news on how difficult it may be for the Dems to jettison Biden.
And how lost friends and family bamboozled by crazy lies can now begin to recover.
On Sunday, Sidney Powell was a guest in Viewpoint This Sunday discussing all the recent news. You may listen to the show at this link.
Read ALL of these stories and our quick analysis by subscribing on Substack.
Note from a subscriber to Defending The Republic:
Another outstanding report and update by Defending the Republic. This group has brought about a change in my reading material and reinforced my beliefs.
I now read material I once set aside. Thank you all for waking me up and making me fly straight. ~R.M.
1- Finally! Hundreds of the J6 political prisoners will get help and possible release. It has been heartbreaking watching the abuse of our fellow Americans.
The Biden Justice Department maliciously manipulated a post-Enron obstruction-of-justice statute to go after Biden's political enemies.
The Supreme Court, including leftist Justice Ketanji Brown Jackson, ruled against this revolting political persecution in a 6-3 decision.
There is no person in America who has been more dedicated to reporting on the truth about January 6 than Julie Kelly.
This Supreme Court win for the J6 prisoners came, in part, from her constant drum beat of information and truth.
Please read her Substack piece on the ruling. (in full at the link)
It is especially important to note the list of DC judges who colluded with the Biden Regime to take away ALL of the constitutional rights of those entrapped on January 6, with a statute the judges knew was being politically exploited. District Judge Carl Nichols is the only one who got it right.
Supreme Court Overturns DOJ's Use of Key J6 Felony Court
QUOTE: In a devastating but well-deserved blow to the Department of Justice’s criminal prosecution of January 6 protesters, the U.S. Supreme Court today overturned how the DOJ has used 18 USC 1512(c)(2), the most prevalent felony in J6 cases.
The statute, commonly referred to as “obstruction of an official proceeding,” has been applied in roughly 350 J6 cases; it also represents two of four counts in Special Counsel Jack Smith’s J6-related criminal indictment of Donald Trump in Washington.
In a 6-3 decision, Chief Justice John Roberts wrote that the “c2” subsection is tethered to the “c1” subsection that addresses tampering with a record, document, or “object.”
Roberts was joined by Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Ketanji Brown Jackson. Justice Amy Coney Barrett authored the dissent (!) joined by Elena Kagan and Sonia Sotomayor.
Today’s decision means hundreds of Americans have been wrongfully prosecuted by Attorney General Merrick Garland as he insists his department is dedicated to upholding the “rule of law” and pursuing justice “without fear or favor.”
The matter originated in the case of Joseph Fischer, a Pennsylvania man who attended Trump’s speech and later went to the Capitol. According to court documents, Fischer briefly entered the building around 3:25 p.m., nearly an hour after the joint session of Congress to certify the electoral college votes had recessed. He exited about four minutes later.
In March 2021, a D.C. grand jury indicted Fischer on numerous counts including 1512(c)(2). It is punishable by up to 20 years in prison.
Fischer, in addition to many J6ers facing the count, asked his judge to dismiss the charge. Judge Carl Nichols, appointed by Trump, dismissed the count against Fischer and two other defendants by finding the language in the post-Enron/Arthur Anderson statute covered tampering with records or documents not interrupting a meeting of Congress. The DOJ appealed Nichols’ decision.
In December, SCOTUS granted Fischer’s petition to grant cert seeking to reverse the appellate court’s mandate. Oral arguments were held on April 16.
Nichols is the only judge to have dismissed the count; 18 district and circuit court judges in Washington refused to dismiss the count. The judges essentially enabled the Biden DOJ’s unlawful pursuit of Americans who protested Biden’s election that day.
2- There are others who have weighed in on the Fischer decision and present some real challenges still ahead for the prisoners and their quest to be freed.
William "Bill” Shipley at RedState
Fischer v. United States – A Tale of Two Readings: All May Not Be What It Seems
QUOTE: All of this was exactly in line with what I had hoped to see in the Court’s opinion before it came out. As I read it, my reaction was, “This is a Home Run.” The Government will be precluded from attempting to apply this 20-year obstruction statute based on the events of the day on January 6. For defendants who engaged in no act of violence towards law enforcement, this should be their path to much better outcomes.
For defendants already sentenced for a conviction on this charge, their cases should now come back to the District Court for resentencing on any other counts they may have faced, but in most cases, those other counts would be less serious, and the new sentences should be shorter.
Then the phone rang. The person on the phone was Ryan Marshall, a young associate who has worked closely with me for two and one-half years on these J6 cases. Ryan’s first words were “Fischer seems to be not quite what we were expecting, don’t you think?” Having only skimmed it at that point, and focusing on language such as that I’ve highlighted above, I disagreed and said I thought it was a convincing win.
But Ryan – coming along very well with his learning – said, “But they are sending it back to the Appellate Court to consider the language of the indictment in light of the opinion. They are not saying 1512(c)(2) doesn’t apply under any circumstances to January 6 cases, just not as it was charged against Fischer. Does the DOJ get another chance with this?”
THAT comment led me to a second, more deliberate reading of the Opinion and further consideration of some of the procedural issues not being considered by most commentators on this subject.
Ryan was correct – the Supreme Court’s Opinion sends the case back to the same three-judge panel in the Circuit Court of Appeals, telling them to reconsider their prior decision — taking into account a narrower interpretation of (c)(2) than had been urged upon it by the Government. That means the Government will have an opportunity to explain why it is that it can fit the square peg of January 6 protest conduct into the round hole of “evidence impairment.”
That may ultimately turn out to be an impossible task, but the procedural posture of Joseph Fischer’s case means it is an opportunity DOJ is going to be given.
Based on the Supreme Court’s analysis, DOJ faces an uphill climb, and the Appeals Court is likely to find that the charging language in Joseph Fischer’s indictment doesn’t work — the peg don’t fit — and the decision of the District Judge who dismissed the count should be affirmed. They will then send the case back to the District Court because there is still an indictment pending with other charges for which there has never been a disposition.
3- Without this decision on Chevron there may have never been a path to cleaning out The Deep State. This gives us some chance to end our being ruled by unelected bureaucrats.
Overturning Chevron Is Functionally Bigger Than Overturning Roe
QUOTE: The Supreme Court, in a 6-3 decision written by Chief Justice John Roberts, overturned the Chevron doctrine. Functionally, this is a bigger deal than the overturning of Roe v. Wade.
Don’t get me wrong, I wrote on the day Dobbs was decided that it was the biggest victory in the history of the conservative movement. Roe was terrible constitutional law in which judges hijacked the democratic process to impose their ideological preferences. It forced states to accept the moral stain of allowing millions of abortions per year no matter what the legislatures, or their people, wanted. The overturning of Roe was a political earthquake. The overturning of the Chevron doctrine, in contrast, will not decide a single race this year.
In terms of the operation of the federal government, however, its effects will be more sweeping.
Since it was decided in 1984, Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc. has been central to the massive expansion of the administrative state. By instructing courts to defer to a federal agency’s interpretation of actions on which Congress is not explicit as long as such interpretation is “reasonable,” it left the door open for the government to pursue all sorts of actions without direct permission from Congress. It also led Congress to increasingly shirk its obligations of lawmaking and defer authority to agencies.
This is a huge win for those of us alarmed by the growth of government specifically when it comes to actions taken by the executive branch that have never gone through Congress.
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PRAY for divine intervention in all matters.
PRAY for Supreme Court Justices.
PRAY for all those imprisoned for J6 and their families.
PRAY for those blinded by lies, that they will see.
SEEK the truth. SHARE the truth.
Hold Fast,
Defending The Republic
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