In a landmark ruling, the U.S. Supreme Court has delivered a devastating but well-deserved blow to the Department of Justice’s criminal prosecution of January 6 protesters.
The Court overturned the DOJ's application of 18 USC 1512(c)(2), a statute commonly referred to as “obstruction of an official proceeding.” This decision, in a 6-3 ruling, means Attorney General Merrick Garland and federal judges in Washington wrongfully prosecuted roughly 350 J6ers with this post-Enron felony.
Chief Justice John Roberts, writing for the majority, clarified that the “c2” subsection is tethered to the “c1” subsection, which addresses tampering with a record, document, or “object.” Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and, surprisingly, Ketanji Brown Jackson joined Roberts, while Justice Amy Coney Barrett authored the dissent, joined by Justices Elena Kagan and Sonia Sotomayor.
This decision signifies that hundreds of Americans have been wrongfully prosecuted by Attorney General Garland despite his claims of upholding the “rule of law” and pursuing justice “without fear or favor.” This marks an irreversible black eye for the DOJ and federal courts in Washington.
The case originated with Joseph Fischer, a Pennsylvania man who attended Trump’s speech and later entered the Capitol. Fischer was indicted in March 2021 on several counts, including 1512(c)(2). The statute, punishable by up to 20 years in prison, was argued to cover tampering with records or documents, not interrupting a meeting of Congress. Judge Carl Nichols dismissed the count against Fischer, but the DOJ appealed. The Supreme Court granted Fischer’s petition and ultimately reversed the appellate court’s mandate.
Judge Nichols stands alone in dismissing this count, as 18 district and circuit court judges in Washington, 11 appointed by Obama and Clinton, refused to dismiss it, enabling the Biden DOJ’s unlawful pursuit of Americans protesting Biden’s election.
The federal courthouse in Washington braces for a flood of motions post-Fischer.
Roughly 110 J6ers have been sentenced to prison on 1512(c)(2) convictions, with some judges continuing to sentence those convicted to lengthy prison terms. Despite the law’s legal limbo, U.S. Attorney for the District of Columbia Matthew Graves continued to indict J6ers on 1512(c)(2).
Reacting to the SCOTUS decision, Geri Perna, aunt of Matthew Perna, who tragically died by suicide due to a broken heart over these wrongful charges, expressed profound loss and anger. She fervently hopes for accountability for those responsible for the wrongful charges that led to her nephew's death. The weight of the injustice borne by Matthew has left an indelible mark on their family, and Geri's call for justice underscores the deep personal impact of the DOJ's actions and the urgent need for accountability and reform.
On Friday, June 28, 2024, U.S. Attorney General Garland issued a dangerous official statement disparaging the Supreme Court and defending the DOJ's outrageous misapplication of the law, showing his unwavering support for the persecution of J6ers.
We pray for swift justice and relief for those wrongfully prosecuted, hoping their reputations, innocence, and lives can be restored to them without delay.
