Posts

SCOTUS Hands Down Huge Decision Affecting J6 Defendants

/1 Comment/in , /by

The Supreme Court has taken a judicial katana to a statute that federal prosecutors weaponized to go after those who participated in the January 6 incident. The question before the court was whether the “obstruction of an official proceeding” statute could be used in how the Justice Department weaponized it to go after hundreds of January 6 defendants. As SCOTUS Blog covered in April, the plaintiff, Joseph Fischer, a former police officer, argued that the statute only pertained to evidence tampering in a congressional investigation. During oral arguments, justices weren’t convinced by the government’s interpretation, arguing that it could cast too much of a net.

In a 6-3 opinion, the Supreme Court handed down a massive blow to federal prosecutors, concluding, per SCOTUS Blog’s Amy Howe, that for the statute to be used in this way, there must be evidence to the fact that “the defendant impaired the availability or integrity for use in an official proceeding of records.” In a blow to the narrative that the Supreme Court is rogue and right-wing, Justice Ketanji Brown Jackson joined the majority. Justice Amy Coney Barrett dissented (via SCOTUS Blog):

The court holds that to prove a violation of the law, the government must show that the defendant impaired the availability or integrity for use in an official proceeding of records, documents, objects, or other things used in an official proceeding, or attempted to do so.

The court reverses the D.C. Circuit, which had adopted a broader reading of the law to allow the charges against Fischer to go forward. The case now goes back to the D.C. Circuit — which, the court says, can assess whether the indictment can still stand in light of this new and narrower interpretation.

Justice Jackson, who joined the majority opinion, also has a concurring opinion. She stresses that despite “the shocking circumstances involved in this case,” the “Court’s task is to determine what conduct is proscribed by the criminal statute that has been invoked as the basis for the obstruction charge at issue here.”

(Read more from “SCOTUS Hands Down Huge Decision Affecting J6 Defendants” HERE)

Photo credit: Flickr

WATCH: Ex-FBI Undercover Asset Risks All to Prove Jan. 6 Was a ‘Fedsurrection’

/5 Comments/in , , /by

For the last three and a half years, the FBI and federal prosecutors, in tandem with federal judges, have refused to disclose information regarding the extent to which the U.S. government deployed undercover informants in the crowd at the “Save America” rally in Washington, D.C. on Jan. 6, 2021. . .

Ex-FBI confidential human source Derek Myers risks years of jail time for saying too much about his former employer. Yet despite the potential legal ramifications, Myers insists the FBI ran an operation involving hundreds of undercover informants on Jan. 6 to entrap and incriminate Trump supporters.

He would know. He was recruited for the assignment. . .

The public should know, Myers told WND in an exclusive interview, that confidential human sources were laced all throughout the Jan. 6 crowd and that they are considered above the law while on the job.

“I’m going to try and word this in a way without compromising the FBI’s contractual obligations. When we, as human assets, are signed into the program for the FBI, we typically must sign paperwork that says what we can and cannot do. Specifically, when it comes to being part of these rallies, or any sort of lawbreaking, we get a temporary designation by the District Attorney’s Office in the Department of Justice,” he said. “These designations are called ‘tier one,’ ‘tier two’ or ‘tier three,’ and it is essentially a ‘get out of jail free’ pass for a certain amount of time. (Read more from “Ex-FBI Undercover Asset Risks All to Prove Jan. 6 Was a ‘Fedsurrection'” HERE)

Biden Enlists Jan. 6 Police Officers to Campaign in Swing States

/0 Comments/in , /by

President Joe Biden’s reelection campaign is going all-in on presenting former President Donald Trump as a threat to democracy as polling continues to show Biden sinking in swing states.

Biden’s campaign has enlisted the assistance of three police officers who worked at the U.S. Capitol on January 6, 2021, to further its latest strategy, CNN reports.

Sgt. Aquilino Gonell, Officer Harry Dunn, and Officer Danny Hodges will accuse Trump of posing a threat to democracy in key swing states, beginning in Nevada and Arizona.

Dunn is fresh off a primary defeat in a campaign for a congressional seat from Maryland. His campaign failed after troubling allegations of domestic abuse resurfaced, as well as reports that he was suspended without pay from the U.S. Capitol Police (USCP) in 2012 after improperly handling his department-issued firearm. . .

Biden’s enlistment of the officers is his latest move to advance the political narrative that Trump is somehow a threat to democracy. (Read more from “Biden Enlists Jan. 6 Police Officers to Campaign in Swing States” HERE)

Photo credit: Flickr

Another Jan. 6 Defendant Dies by Suicide While Awaiting Trial: Report

/0 Comments/in , /by

A Florida man has committed suicide while awaiting trial for his alleged actions at the U.S. Capitol on January 6, 2021, reports say.

David Kennedy Homol of Umatilla, Florida, about 45 miles northwest of Orlando, and his much younger half-brother, Dillon Homol, went to the Capitol that fateful day to participate in the “Stop the Steal” rally. While there, David Homol allegedly struck two police officers with a plastic flagpole before illegally entering the building with Dillon.

Later that day, David reportedly sent Dillon the following text message: “Today was not an antifa-inspired statement. It was totally done by angry Trump supporters with no firearms, many singing GOD bless America, Jesus saves, etc. The corrupt politicians should be relieved this was NOT an Armed rebellion. It clearly was a statement of strength of We The People.”

David Homol was not arrested until three years later, in January 2024. He was charged with felony obstruction of an official proceeding; civil disorder; and assaulting, resisting, or impeding certain officers, an FBI statement said.

He also faced a slew of misdemeanor charges, including knowingly entering or remaining in any restricted building or grounds without lawful authority, disorderly and disruptive conduct in a restricted building or grounds, engaging in physical violence in a restricted building or ground, disorderly conduct in a Capitol building, and act of physical violence on Capitol grounds.

(Read more from “Another Jan. 6 Defendant Dies by Suicide While Awaiting Trial: Report” HERE)

Former Government Employee Charged With Falsely Accusing Coworkers of Participating in Jan. 6 Capitol Attack

/0 Comments/in , /by

A former government employee with ties to federal intelligence agencies was arrested in Virginia Thursday and accused of sending fake tips to the FBI in which he falsely accused multiple coworkers of taking part in the Jan. 6, 2021, Capitol breach, newly unsealed court documents revealed.

Investigators alleged in court records that Miguel Zapata anonymously submitted information about seven individuals with whom he had once worked in the months after the attack, writing that they “espoused conspiracy theories” and “took part in the insurrection.”

According to prosecutors, between February and April 2021, Zapata allegedly concocted fake stories about his former coworkers’ involvement in the events of Jan. 6 and submitted them via the FBI’s anonymous tip line that has been used to gather information following the Capitol breach. Over 1,300 individuals have so far been charged for their alleged involvement.

“These tips variously alleged that the government employees and contractors were physically present at or involved in the attack at the Capitol or had shared classified information with individuals and groups present at the riot with the intent to assist these groups in overthrowing the United States government,” charging documents said.

Zapata is accused of sending the home addresses, full names, and security clearance levels of his former colleagues to the FBI, which prompted the FBI and some of the victims’ employers to launch investigations into their alleged conduct based on the faulty information. (Read more from “Former Government Employee Charged With Falsely Accusing Coworkers of Participating in Jan. 6 Capitol Attack” HERE)

Man Who Recorded Ashli Babbitt Shooting During Jan. 6 Riot Handed 6 Year Prison Sentence

/0 Comments/in , /by

A Utah man in a ballistic vest and gas mask, who filmed the fatal shooting of Ashli Babbit, was sentenced to six years in prison Friday for his role in the Jan. 6, 2021, attack on the Capitol, according to the Justice Department.

John Earle Sullivan, 29, was found guilty of obstructing an official proceeding, including possession of a dangerous weapon on Capitol grounds on Nov. 16, 2023. On top of the prison sentence, U.S. District Judge Royce C. Lamberth also sentenced him to 36 months of supervised release and ordered him to pay $2,000 in restitution.

“According to court documents, in the days and weeks leading to the events of Jan. 6, 2021, Sullivan used various digital platforms and personas to present himself as an activist; however, on these platforms, Sullivan made his true objectives clear: to cause pure chaos and disruption to the status quo,” the U.S. Attorney’s Office for the District of Columbia said in a press release.

Sullivan arrived in the Capitol area on Jan. 6 with a ballistic vest, gas mask and a bull horn. He encouraged other rioters by saying into the megaphone: “Get in that sh–” and “Storm that sh–.” He said he would continue filming “as a good ploy” so he would not get arrested for entering the building, per prosecutors.

Once inside the Capitol, he told law enforcement to stand down so they would not get hurt. He also joined a crowed outside the House of Representatives where he told other rioters that he had a knife. In the Speaker’s Lobby, he encouraged others to break the windows, the release said. (Read more from “Man Who Recorded Ashli Babbitt Shooting During Jan. 6 Riot Handed 6 Year Prison Sentence” HERE)

Supreme Court to Deliberate on Case with Potential to Impact Hundreds of Jan. 6 Prosecutions

/4 Comments/in , /by

The upcoming Supreme Court hearing of Fischer v. United States has drawn significant attention due to its potential ramifications for both the prosecution of Jan. 6 defendants and the ongoing legal challenges involving former President Donald Trump. At the heart of the case lies the interpretation of an obstruction statute, Section 1512(c)(2), which carries penalties of up to 20 years in prison for those found guilty of corruptly obstructing official proceedings.

Joseph Fischer, a defendant in the Jan. 6 Capitol breach, argues that his prosecution under this statute represents an unprecedented expansion of its scope. Fischer’s legal team contends that Section 1512(c)(2) was originally intended to target evidence tampering in corporate fraud cases, rather than obstruction of Congress’ certification of electoral results.

Fischer’s case underscores broader concerns about the application of the statute to Jan. 6 defendants, many of whom face felony charges under its provisions. Should the Supreme Court rule in Fischer’s favor, it could potentially affect the outcomes of numerous cases and even prompt early releases for some defendants.

The government, however, maintains that the statute’s language encompasses all forms of corrupt obstruction of official proceedings, without limitation to evidence tampering. This interpretation was upheld by the D.C. Circuit Court of Appeals in a 2-1 decision, which deemed the meaning of the statute unambiguous.

Nevertheless, dissenting voices, including Judge Gregory Katsas, have criticized the government’s interpretation as overly broad and potentially unconstitutional. They argue that such a reading could criminalize constitutionally protected activities such as advocacy and protest.

The Fischer case also intersects with the legal challenges facing former President Trump. Two of the charges in Trump’s election interference case hinge on the same obstruction statute under review. Critics contend that a correct interpretation of the statute could undermine a key aspect of the indictment against Trump.

However, Special Counsel Jack Smith has defended the charges, asserting that they would remain valid irrespective of the Supreme Court’s decision on Section 1512(c)(2). Smith argues that the use of falsehoods or creation of false documents constitutes evidence impairment, thus satisfying the statute’s requirements.

As the Supreme Court prepares to hear oral arguments in April, the outcome of Fischer v. United States holds significant implications for the legal landscape surrounding Jan. 6 prosecutions

Supreme Court to Review Feds’ Use of Obstruction Charge Against Jan. 6 Defendants, Trump

/1 Comment/in , /by

The fate of hundreds of Jan. 6 defendants lies with the Supreme Court, which will hear a case Tuesday arguing that the obstruction law under which they were charged was never meant to apply to the attack on the U.S. Capitol.

If the justices rule that prosecutors have stretched the law too far, then it could also help former President Donald Trump, who faces conspiracy charges under another section of the same law.

At issue is a law passed in 2002 in the wake of the Enron scandal and aimed at giving the government new tools to go after those who obstruct an official proceeding.

The Biden administration says the Electoral College vote count taking place at the Capitol in 2021 while the mob raged counts as an official proceeding.

Joseph Fischer, one of those convicted under the law, says the statute was intended to snare people who try to destroy evidence of corporate fraud cases, such as document shredding. What went on at the Capitol that day falls far outside that, his lawyers argue. (Read more from “Supreme Court to Review Feds’ Use of Obstruction Charge Against Jan. 6 Defendants, Trump” HERE)

RFK Jr. Undercuts Democrats on January 6: ‘Little Evidence of a True Insurrection’

/0 Comments/in , /by

Independent presidential candidate Robert F. Kennedy Jr. issued a statement on the January 6 prosecutions Friday, saying that while violent rioters deserved to be punished, many prosecutions of non-violent protesters were excessive.

Kennedy’s statement undercuts the Democratic Party’s effort to portray the 2024 election as a “defense of democracy” and a referendum on the so-called “insurrection,” which Democrats blame on former President Donald Trump.

Kennedy’s statement reads as follows:

January 6 is one of the most polarizing topics on the political landscape. I am listening to people of diverse viewpoints on it in order to make sense of the event and what followed. I want to hear every side.

It is quite clear that many of the January 6 protestors broke the law in what may have started as a protest but turned into a riot. Because it happened with the encouragement of President Trump, and in the context of his delusion that the election was stolen from him, many people see it not as a riot but as an insurrection.

I have not examined the evidence in detail, but reasonable people, including Trump opponents, tell me there is little evidence of a true insurrection. They observe that the protestors carried no weapons, had no plans or ability to seize the reins of government, and that Trump himself had urged them to protest “peacefully.”

(Read more from “RFK Jr. Undercuts Democrats on January 6: ‘Little Evidence of a True Insurrection’” HERE)

WATCH: FBI Arrests Blaze Reporter Over January 6 Reporting

/1 Comment/in , /by

The FBI arrested a Blaze Media journalist who frequently reports on the January 6 Capitol riot, putting the investigative journalist on full display for a “perp walk” even after he turned himself in to authorities.

The arrest, captured on video and posted by Blaze CEO Glenn Beck, shows a handcuffed and jacket-less Steve Baker being escorted by FBI agents from a building to a car.

Baker was charged with four misdemeanors related to his reporting at the U.S. Capitol back on January 6, 2021.

The four charges are knowingly entering or remaining in any restricted building or grounds without lawful authority; disorderly and disruptive conduct in a restricted building or grounds; disorderly conduct in a capitol building; and parading, demonstrating, or picketing in a capitol building.

Earlier this week, the FBI ordered Baker to surrender himself on Friday morning. Baker said the FBI told him to arrive at the field office in “shorts and sandals,” but he arrived in a suit and tie instead.

(Read more from “WATCH: FBI Arrests Blaze Reporter Over January 6 Reporting” HERE)