January 6 Prosecutors Flail as Their Legal Arguments Start to Fall Apart

The legal arguments in favor of jailing the January 6 political prisoners continually without trial are falling apart. Defense attorneys continue trying to get even the most serious charges against their clients dismissed. Not the “insurrection” or “sedition” charges. Those actually don’t exist. We still have not, to this date, seen a single person who was charged with taking a gun into the Capitol building (which you would expect in a true insurrection). Nor has any defendant been charged with assaulting a police officer or anyone else. No, the felony charge that is falling apart is the one of briefly interrupting a meeting of Congress during a legitimate First Amendment-protected protest.

I’ve been calling this charge “briefly interrupting a meeting” for several months now, on purpose. And I explain the law this way for two reasons. First, because it’s true, and second, because that absurd definition explains just how badly the actual law is being misrepresented by the Justice Department under Attorney General Merrick Garland.

The official name of the criminal charge is “disrupting an official proceeding.” It’s a felony crime that carries a steep sentence of up to 20 years in federal prison. It is a poorly named crime because it sounds like it could mean one thing (disrupting basically any meeting of Congress) when in fact it means something entirely different.

At least two judges who will be hearing the cases against the Trump supporters next year have started to question the way the government is applying that law. That law is 18 USC § 1512, which I’ve written about previously when describing the way that the January 6 protesters are being legally abused by the Biden regime.

 

That was a law that was signed by George W. Bush, in response to Enron shredding documents as Congress was trying to investigate the company. The “official proceeding” that Enron disrupted was a lawful investigation, and Enron was dodging subpoenas and destroying evidence. A better way of describing the law, so that people could understand it better, might be “obstruction of justice in a congressional investigation.”

That’s how the law was intended to be used when it was written. George W. Bush even said so on the day when he signed it into law in 2002, noting that the law should not infringe on “the constitutional right to petition the government for redress of grievances.”

The “official proceeding” that the costumed protesters disrupted on January 6 was not a congressional investigation. It was a ceremonial meeting to certify the fake votes in favor of Joe Biden. There’s just no comparison between what the protesters did and destroying evidence in a legitimate congressional investigation. None!

And now at least a couple of judges are starting to see the twisted logic that prosecutors are using to trample the rights of Trump supporters. Judge Amit Mehta noted this week, in a hearing for the group of defendants from Oath Keepers (some of whom were not even members of Oath Keepers), it’s a bit of a “stretch” to compare the Capitol protest to “document shredding.”

Judge Mehta then had a debate with prosecutors and defense attorneys to try to even figure out a definition of what they think the law means. Mehta asked if it’s disrupting of an official proceeding if someone stands up and yells in a confirmation hearing. Which is exactly what protesters did numerous times during the Brett Kavanaugh hearings. Prosecutors argued that it was not the same, because the January 6 protesters were trying to “scare” Members of Congress. Mehta then asked why prosecutors have never made that clear in any of their filings. In fact, this was the first time that any of us have heard that scaring Congress was the intent of the protesters.

Good point.

One prosecutor argued that there are “no limitations” on what “official proceeding” means in the law. Well, that’s scary. If true, any political protest that Joe Biden doesn’t like can now land you in prison for 20 years. Judge Mehta does not seem to be buying that argument from prosecutors, although he hasn’t thrown the bogus charge out in favor of any of the defendants yet.

Judge Randall Moss, in a hearing for two different defendants, said that the statute suffers from a “constitutional vagueness problem.” Bingo! Unfortunately, Moss didn’t throw the charges of interrupting a meeting out either. So now we’re in a situation where the judges seem to understand that this charge against the Trump supporters is total BS – but they’re not willing to throw it out anyway.

I guess the good news is that as these cases move closer to trial next year, the prosecutors are proving themselves to be every bit as inept as Joe Biden himself. Hopefully these cases will be thrown out before that happens, because it’s clear that the protesters are being unjustly railroaded, and held in solitary confinement for completely absurd reasons.


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38 thoughts on “January 6 Prosecutors Flail as Their Legal Arguments Start to Fall Apart”

  1. george w. bush called President Trump’s supporters “terrorists”, ashamed I voted for him. The Jan. 6 incident was Not a true insurrection and these leftists know better.

    1. I wholeheartedly agree! The spy-lover, Slawell, questioned FBI’s Wray during a committee meeting, asking if it was an insurrection. Wray apparently was finally worried about later perjuring himself, because he admitted that what happened does not fit the definition of an insurrection in any way, shape or form!

    2. Yeah, I’m ashamed that I voted for Bush, also. He’s the domestic terrorist and many Arabs have called him an international terrorist. Secondly, if the Trumpsters, Republicans and conservatives wanted to have a real insurrection, it would have happened. Jan 6 was the result of an overzealous crowd with some instigators…nothing more or less.

      The real insurrection took place on 11/3/2020. And, we’re seeing how it happened with the California recall election!

      1. I agree with your last statement, we must show the true 2020 election results FIRST & the rest of the Biden crap will become apparent!!!

    3. He was the viable alternative. What we should be lamenting is that we were not offered cream but oil for choices.

    4. I prefer to consider his remarks as referencing riotous destruction of American cities by Democrat surrogates Antifa and BLM during the run up to the 2020 election.

      1. Terry. Both those groups that the Democrat Leadership not only approved of with a their arson, looting, assaults and destruction of cities..they posed for a photo press picture all down on their right knee, with heads bent in reverence to both Antifa and .. Both groups are baked and funded by the Communist Party, by the way.

      2. I thought that as well. I didn’t hear him talk about Jan 6 specifically. So, I am willing to give him the benefit of doubt. However, in honesty, I did not here the entire speech.

    5. Now George W. Bush is the new crowned Prince of the Left!! After the Left called on him to be tried for War Crimes, he kisses their arse, what a fool… Yes, I too voted for him and i am also ashamed and sorry that I did!!! What the hell happened to him anyway? HE SHOULD BE ASHAMED OF HIMSELF USING 9/11 TO SPREAD B.S. PROPAGANDA AND LIES!!!

      1. It’s because Bush has always be an elitist we weren’t over there for what the Government wants us to believe it was to protect the precious oil fields owned by the Bush family and of course elitists always make money off of wars, there’s an old video where old man Bush says not once but at least twice about the New World Order where the elites live like the Kings and Queens that they are and those of us who are not are their serfs!

    6. That’s because Pelosi ( and the Demonrats know it) is the one who allowed it to happen she was in charge of security if I was one of the Judges I’d ask her why she refused the extra security when Trump suggested it, I’d also would ask why did the Capitol Police moved the barriers and wave people in and it’s all because they wanted to make Trump and his supporters to look bad Pelosi has an unhealthy obsession with Trump and that’s why she’s conducting this witch-hunt!

  2. It seems to us that the ONLY CHARGE possible that day was “trespassing” on the part of the American citizens who are being held in confinement and the charge of murder on the part of the guard who murdered the UNARMED RETIRED VETERAN.
    It looks like there will be grounds for some heavy lawsuits that should be PAID FROM THE POCKETS OF pelosi and the rest of the biden administration’s pockets AND N O T TAXPAYERS’ POCKETS.

      1. I second that James. This regime is intolerable and must be brought to its knees next year in the mid-term election. When a government holds its citizens in jail for doing a constitutional allowed effort, then we have a tyrannical government and it must be stopped. The Trump government never held the rioters in solitary confinement in 2020, when they killed several civilians and policemen. There will be a reckoning one day and Republicans should remember what this regime has done to its citizens simply because they are not Democrats. This is against our constitution and judges must recognize this and immediately call for the release of all Republican prisoners. Remember, the only person killed in the riots in January was a 5’2″ female, who was unarmed. The idiot who shot her claims he shot her because he could not see her hands and was afraid of what she might have in her backpack. Then the regime who is in charge immediately said he would not be charged with murdering Ms. Babbitt. What a miscarriage of justice! Lets face it, Michael Byrd panicked and shot an innocent person. I demand justice for Ms. Babbitt.

      2. Look at all the vids of Crazy Nancy admitting the Capital belongs to the People. Just not your average American people it seems.
        Plus hardly trespassing when the doors to many were held open by Capital Police themselves. Seems more like entrapment.

  3. PAY UP NANCY! YOU AND ALL OF YOUR PALS ARE PERSONALLY LIABLE FOR RESTITUTION TO ALL THE POLITICAL PRISONERS, THEIR FAMILIES AND ALL TRUMP SUPPORTERS FOR RECKLESS, DELIBERATE ABUSE OF POWER THROUGH THE CORRUPT USE OF EVERY BRANCH OF THE AMERICAN GOVERNMENT. THE OFFENSES YOU HAVE COMMITTED AGAINST THE NATION ARE THE MOST HEINOUS ACTS OF TREASON IN HISTORY. YOU ARE ALL TO BE STRIPPED OF YOUR ASSETS, YOUR CITIZENSHIP, YOUR FREEDOM. THE FINAL PENALTY IS BANISHMENT FROM OUR SHORES OR BE HUNG BY THE NECK UNTIL DEAD THEN UNCEREMONIOUSLY BURIED AT SEA.

    1. MYSELF, I’d like to see NAZI PIGLOOSELY and the whole China Joe Administration Swing on a Rope by the neck and watch them kick and jerk around until the last breath of air is out of their bodies and their souls sent to HELL by our LORD THY GOD FOR all Eternity…

      1. Yes pigloosely should be charged with murder since Trump wanted 10,000 NG to be there to maintain order but she said NO!!! She also should be charged with treason for going to “gen. milley ” to strip the President of his power as Commander in Chief

  4. It is clear to me that Judges should be closely screened and certified as a-political instead of being politically appointed. It incumbent upon us to make sure that Judges are impartial. Impartial to both the Defendant and the prosecutor in a case like this. It is unfair to attempt to prosecute an ambiguous law at the expense of the defendant by holding them without bail. The ”crime” of protesting an illegitimate election is nowhere in the law books. The ”crimes” were not violent and the Government should not be able to avoid prosecuting a known felon, Hunter Biden, while jailing and prosecuting a protestor. The Federal Buildings in Portland were attacked, vandalized, and burned but the Federal Government did nothing, in Chicago, murders are released on zero bail to return to the streets to murder, rape and pillage, but a Trump Supporter is in jail for absolutely nothing more than entering a building he actually owns…………………or did our ”leaders” forget that.

  5. The Biden regime is illegally holding the rioters in prison for simply protesting an election that was stolen. Hopefully, when Republicans retake the House and Senate a more sane attitude will prevail and they will all be pardoned because this is simply a political ploy by the Democrats. It will take years to undo the damage to our country than the Biden idiots have done in 9 months. Teaching Critical Race Theory to our soldiers and looking for those who support President Trump in order to throw them out of the military is not only counter productive, but very dangerous. Remember, what goes around comes around and the Democrats will one day not be in charge of all three branches of or government. The three branches being Legislative, Executive, and Judicial.

  6. Anybody want to bet that the “insurrectionists” get life? Our government no longer cares about law and anyone who resists them is subjected to persecution or Arkanciditis.

    Our military is studying white hate, our “defenders” sold out and the political opposition gave us Bush for the presidency then ran McCain and Romney. So whose team are they on?

    The Democrat/Communist/Muslims just roll along unhindered while we get smoke and mirrors and false hope.

    So, umm …. when does the GOP become seriously involved in taking on election fraud and standing up for American citizens held in solitary confinement and utter and complete violation of their Constitutional rights? EVER???

    All we have is talking heads on “our” side.

  7. What, if any, is the statute of limitations on this heinous crime? If “shredding documents” is the key action to bring these charges on someone, I seem to remember our dear leader Nancy Pelosi standing behind President Trump and shredding his State of the Union Address on live TV in front of the entire country. How long was she impriso ned? She wasn’t!!?? I think it’s time to reinvestigate this gross miscarriage of justice and give Nasty Nancy the same treatment as the January 6th “rioters”. I want her jailed with no charges and left in jail until next year. Solitary confinement is called for, along with sleep deprivation and daily beatings. To paraphrase, sauce for the gander is sauce for the goose. My apology to geese everywhere.

    1. John you have a very valid point and if we take over the house and senate in 22 I hope to see charges and an arrest done on the speaker since there is all the evidence on tape of the State of The Union address.

  8. And if Acquitted then they should have all right to Sue the capital police for failed imprisonment and such along with the DNC for pushing this nonsense.

  9. What’s wrong with the Republican party? It’s filled with Democrats!! They are Socialist Party A snf Dovislidt Party B, not a nickles worth of difference between them. Once they get elected, their prime purpose is to accumulate and preserce as much capital (power and $$) and privilege as possible.

  10. If this illegal charade is all about “shredding documents” or “interrupting a meeting”, why wasn’t Nasty Nancy Pelosi put in jail uncharged for standing behind then President Trump, and tearing up his State of The Union address on live TV in front of the entire country? She tore up documents. It was done during what is traditionally a new President’s first meeting with U.S. citizens. What is the statute of limitations on this crime? Can Pelosi be incarcerated now, in this case having committed her crime before nearly the entire nation, live on TV? As I see it, either Pelosi goes to prison, in solitary confinement, filtering her drinking water that is so contaminated that it needs to be filtered through the drinker’s socks, while being administered a physical beating daily, or these January 6th protesters will be released now, and fully compensated for the crimes the Democrat Party has inflicted upon them, for exercising their rights under the First Amendment.

  11. Agree with all posts! wHEN will Piglosi be prosecuted for planning and executing the Jan.6 “ insurrection”? She didn’t want the votes to be objected to because she KNEW they were fraudulent! SHE should be in jail without bail! And removed from the speakership because she is unfit to be speaker! Come on Republicans, get a spine and vacate the speaker’s chair, bounce her old butt to the curb!

  12. Forget elections ever changing anything again! You all saw the BLATANT OUTRIGHT ELECTION FRAUD in that sham recall in California. Even with millions looking on they pulled it off anyway. Downloading ballots from the net! Printing them up at home by the hundreds and sending them in. What next?

    But think about this: how many of those they’re holding incommunicado in the DC jail are actually BLM/Antifa stooges? The DemoCommies in DC DO NOT WANT them talking! How long will it be before Covid Epsilon sweeps through the DC Political Prison and kills them all? Or they all magically find sheets knotted into nooses to hang themselves with?

    There is WA-AY more to this than we are being told. Don’t look for the GOP(LOL) to find it. They’re still sobbing that they were run off by a low-level prison guard when they went to investigate.

  13. The amazing thing is that if Trump had won, DC would have probably been burned down or the WH. Did the Democrats was the protestors against Trump when they tried to break into the WH an insurrection? Here was the angry BLM and others destroying St John’s and tearing down the gates and security requiring the Trump family to go into safety. Trump was willing to stay aboard to confront them. This was violence!!

  14. [edit]
    In the case of vagueness, a statute might be considered void on constitutional grounds. Specifically, roots of the vagueness doctrine extend into the two due process clauses, in the Fifth and Fourteenth Amendments to the United States Constitution. The courts have generally determined that vague laws deprive citizens of their rights without fair process, thus violating due process.
    The following pronouncement of the void for vagueness doctrine was made by Justice Sutherland in Connally v. General Construction Co., 269 U.S. 385, 391 (1926)

  15. Why are these people even in jail right now. Why are they even being held is my big question.
    Why aren’t their attorneys fighting like blue fish to get them out.
    How many laws are being broken keeping them locked up.

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