Supreme Court ruling downgraded January 6 from “insurrection” to trespassing, says legal expert
07/05/2024 // Ethan Huff // Views

Supporters of Donald Trump who' stormed' the United States Capitol building on Jan. 6, 2021, are not guilty of committing insurrection after the Supreme Court effectively downgraded the accusations to mere trespassing.

The highest court in the land decided in Fischer v. U.S. that the "Department of Justice had taken too broad a view of [18 U.S.C.] 1512(c)(2), a law that prohibits destruction of evidence but was not intended for protests," meaning those pushing the insurrection narrative no longer have a leg on which to stand.

While there is a federal insurrection statute found in 18 U.S.C. 2383, very few, if any, J6ers were ever charged under it. The most serious charge they faced was obstructing an official proceeding by destroying or hiding documents meant for use in the proceeding, this under Section 1512(c)(2).

"Unless the defendants could be shown to have interfered with the delivery of documents to Congress, they could not be prosecuted under the statute – as hundreds of people, including former President Donald Trump, have been," one report explains.

According to constitutional scholar Jonathan Turley, who wrote a lengthy op-ed piece for The Hill, the SCOTUS ruling will have a massive impact on the hundreds of court cases currently in motion pertaining to January 6.

"The Fischer opinion will bring an end to a minority of cases that were based entirely on the charge under 1512(c)(2)," Turley writes. "The section had been enacted after the Enron scandal in 2001 with the collapse of an energy company accused of corporate fraud. It was designed to allow criminal charges for the destruction of evidence in the form of documents and records."

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"The Justice Department chose to interpret that provision to broadly include any obstruction of any legal proceeding, and then used it in hundreds of Jan. 6 cases. At least a quarter of the prosecutions included this charge. Most also included other charges, including trespass and unlawful entry. A small number involved serious offenses like violence against officers and an even smaller number involved charges for 'seditious conspiracy.'"

(Related: The January 6 victims who were brutalized by law enforcement are suing Eric Waldo, described as the "highest ranking officer on J6.")

Biden's DOJ engaged in political witch hunt against J6ers

Turley is convinced the decision proves that Biden's DOJ pursued wrongful prosecutions with its obstruction charges. DOJ official Michael Sherwin basically admitted this in a television interview when he said that his agency "wanted to ensure that there was shock and awe."

"It worked because we saw through media posts that people were afraid to come back to D.C. because they're, like, 'If we go there, we're gonna get charged,'" Sherwin added. "We wanted to take out those individuals that essentially were thumbing their noses at the public for what they did."

The ruling also affects Special Counsel Jack Smith's four-charge crusade against Donald Trump and his involvement in the January 6 fiasco. With the backing of Judge Tanya Chutkan, Smith is accusing the former president of:

1) Obstruction of an official proceeding

2) Conspiracy to obstruct an official proceeding

3) Conspiracy to defraud the United States

4) Conspiracy against rights

Based on the SCOTUS decision, at least half of the indictments against Trump will be dropped as Smith pursues a superseding indictment.

"The Capitol security people invited the mob inside," one commenter noted about the suspicious false flag nature of the J6 incident. "They had cameras set up to capture the fake insurrection as well."

"The whole thing was staged by Pelosi, Schiff, Schumer and AOC. FBI agents led the mob and directed most of the activity."

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