The Coming Anarchy

The Coming Anarchy – An Inevitable SCOTUS Decision

A small brain teaser.  Please read the following law and consider whether it fits any recent Department of Justice (DOJ) prosecutions you may have heard about in the news:

Tampering with a witness, victim, or an informant 

(c) Whoever corruptly— 

(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or 

(2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both. 

Congress created this law, found at 18 U.S.C. § 1512(c), as part of the 2002 Sarbanes Oxley Act in response to the Enron accounting fraud scandal.  Congress wrote this rule to close loopholes in the existing criminal laws relating to the destruction or fabrication of evidence and the preservation of financial records.

Unless closely following the case, you may have trouble making the connection to January 6th protesters (Jan6ers) where, tragically, this is the law that DOJ prosecutors shamelessly apply as the primary tool to drive prison sentences skyward.  The punishment under this law allows for up to 20 years and forms the lion’s share of the time charged against the largely non-violent, entrapped and convicted Jan6ers.  

The Supreme Court of the United States (SCOTUS) granted certiorari to hear Joseph W. Fischer v. United States of America, the case that challenges the application of 18 U.S.C. § 1512(c) to protesters. 

On January 29th, 2024, Joseph Fischer filed his brief that can be found in link to docket 23-5572 below.  The brief provides remarkable clarity on the extent to which DOJ abused its authority.

The docket for this case can be viewed here: https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/23-5572.html 

It is clear to virtually all legal minds that maintain some semblance of rationality that the law as written was not intended to prosecute protesters at a political rally, or even rebels fighting an “insurrection”, but instead to prosecute those that corruptly seek to impair documents or evidence that would be used against them or their affiliates.  Given the rules of interpretation, the precedent and the plain reading of the statute, there is no question SCOTUS will set aside application of 1512(c) against the petitioner.

Now, understanding all of this, recall the extent that liberals have been brainwashed to believe this was truly an insurrection that threatened democracy – and then consider the anarchy that will ensue when the decision comes down in favor of the Jan6ers.  This will happen in approximately five months and long before the election.

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