The Fall of the January 6th Prosecutions?

AP Photo/Susan Walsh

Not sure that it matters in practice since the harassment of the January 6th defendants has been relentless and served as a warning to dissenters, but the legal cases against the protesters have been falling apart under legal scrutiny. 

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Earlier this year, the Supreme Court definitely put the nail in the coffin of the biggest and most important charge leveled against the January 6ers through their ruling against the government.

In a case against a Pennsylvania law enforcement official, the Court ruled that the charge of obstructing an official proceeding didn't apply to the protests, and the charges were tossed out. 

The Supreme Court on Friday threw out the charges against a former Pennsylvania police officer who entered the U.S. Capitol during the Jan. 6, 2021, attacks. By a vote of 6-3, the justices ruled that the law that Joseph Fischer was charged with violating, which bars obstruction of an official proceeding, applies only to evidence tampering, such as destruction of records or documents, in official proceedings.

Friday’s ruling could affect charges against more than 300 other Jan. 6 defendants. The same law is also at the center of two of the four charges brought by Special Counsel Jack Smith against former President Donald Trump in Washington, D.C.

The latest ruling by the 5th Circuit disallowed the geofencing warrants, which were essentially an illegal dragnet, arguing that the warrants were so broad and comprehensive that they violated the Fourth Amendment. 

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This matters because so many of the charges brought against the defendants were based on cell phone geofencing, sweeping up vast amounts of information illegally. 

Hence a key component of the evidence against the defendants was obtained illegally. That is a huge deal. 

The arguments we have seen recently on a number of cases have centered around the claim that restrictions on what law enforcement can do "hamstrings" their efforts, and the Court rightly noted that is precisely the intent of the Constitution. 

We rebelled against unlimited government, and the Establishment is determined to undo the limitations. It is a travesty that it takes appeals courts to remind prosecutors that nobody ever intended them to have unlimited power over citizens. 

Of course, if Harris wins she will push the Biden policies of remaking the courts through "reforms," and hence rewrite or outright eliminate functionally the Constitution. 

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The transnational elites are at war with the normies, who just want to be left alone. They are jailing us, censoring us, giving free rein to leftists to terrorize us, and rigging elections through, at the very least, massive 1984-style brainwashing campaigns. 

That's why, despite my reservations about Trump, I know it is vital to work every day and in every way to elect him. It is a choice between slavery and freedom, the rule of law vs the rule of tyrants. 

A lot of conservatives are demoralized by the successful memory-holing of everything, but we should instead be energized to work our asses off to get Trump elected. 

Talk to your neighbors. Break through the brainwashing, which is a mile wide and an inch deep. 

Get to work. Now. 

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John Stossel 8:30 AM | December 28, 2024
Ed Morrissey 10:00 PM | December 27, 2024
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