What the government conceded today is that 1512c2 has only been used in this manner against J6ers (something DC circuit already admitted) and would not apply to other disruptive demonstrations that we see on nearly a daily basis. Thomas, Gorsuch, Roberts, and Kavanaugh pressed this distinction and US Solicitor General had no good answer. That might help selective prosecution motions. But the only lifeline for J6ers will come if SCOTUS determines that January 6 was NOT an "official proceeding" in the way the entirety of 1512 describes official proceeding and/or that c2 is tethered to c1 in terms of evidence impairment requirement. If SCOTUS denies Fischer, the court essentially will create a new federal law that can be read however the DOJ wants to in order to continue criminalizing political dissent. And the definition of an "official proceeding" will continue to expand.
What the government conceded today is that 1512c2 has only been used in this manner against J6ers (something DC circuit already admitted) and would not apply to other disruptive demonstrations that we see on nearly a daily basis. Thomas, Gorsuch, Roberts, and Kavanaugh pressed this distinction and US Solicitor General had no good answer. That might help selective prosecution motions. But the only lifeline for J6ers will come if SCOTUS determines that January 6 was NOT an "official proceeding" in the way the entirety of 1512 describes official proceeding and/or that c2 is tethered to c1 in terms of evidence impairment requirement. If SCOTUS denies Fischer, the court essentially will create a new federal law that can be read however the DOJ wants to in order to continue criminalizing political dissent. And the definition of an "official proceeding" will continue to expand.
@RealHickory @oconnor5515 @julie_kelly2 Framed? So they really weren’t there? Were they coerced or forced? How exactly were they “framed”