SCOTUS Fischer v. United States. DOJ Weaponization Of 1512c2 for J6ers Case. OVERTURNED

[BillsFanNC]

Reminder that Biden appointee Flo Pan, married to Democratic activist and Kavanaugh accuser Max Stier, wrote the DC appellate court decision.

 

Basically what SCOTUS decided today is that the vague "c2" subsection is tethered to "c1" which specifically addresses tampering with a record or document.

 

This is what DOJ will have to prove if they want to continue prosecuting J6ers and what judges will have to determine.

 

It will be impossible because no J6er is accused of tampering with a document or record related to the "official proceeding" of counting electoral votes.

 

 

[BillsFanNC]

 

[BillsFanNC]

 

[BillsFanNC]

Biden and his Justice Department politicized and weaponized a post-Enron obstruction-of-justice statute on corporate fraud to destroy the lives of political enemies.

 

The Supreme Court’s Fischer decision is a crucial victory for Biden’s January 6th political prisoners and the rule of law.

Fischer begins to correct Biden’s grotesque injustice and makes clear his political persecutions must end.

Those involved must face severe legal, financial, and political consequences for their clearly malicious prosecution of many real Americans in real America.

supremecourt.gov/opinions/23pdf

 

 

[Doc]

The people who committed actual crimes on that day, deserved to be punished. Not people who went through open doors and did nothing but look around.

[BillsFanNC]

 

[B-Man]

 

 

 

[BillsFanNC]

 

[The Frankish Reich]

7 hours ago, BillsFanNC said:

 

If only more of them would follow that example.

 

This is perhaps the most results-oriented decision we've seen from the Supreme Court in decades. Justice Barrett writes a powerful dissent basically saying this: conservatives, you've been preaching for years that we should follow the text of a statute. That's what Jack Smith did here! Now, now you decide that we need to ignore the plain text and try to figure out exactly what 435 representatives and 100 senators were thinking 14 years ago when they passed a new law?

 

[leh-nerd skin-erd]

15 minutes ago, The Frankish Reich said:

If only more of them would follow that example.

 

This is perhaps the most results-oriented decision we've seen from the Supreme Court in decades. Justice Barrett writes a powerful dissent basically saying this: conservatives, you've been preaching for years that we should follow the text of a statute. That's what Jack Smith did here! Now, now you decide that we need to ignore the plain text and try to figure out exactly what 435 representatives and 100 senators were thinking 14 years ago when they passed a new law?

 

Good result if they were overcharged, as seems to be the case.  

[The Frankish Reich]

3 minutes ago, leh-nerd skin-erd said:

Good result if they were overcharged, as seems to be the case.  

I'm sure Ginni Thomas Epps agrees

[Biden is Mentally Fit]

4 hours ago, The Frankish Reich said:

I'm sure Ginni Thomas Epps agrees

Your post-debate performance has been quite feeble. You have spent a fair amount of time on this board rationalizing for Joe. Do you feel let down?

[Doc]

7 hours ago, JDHillFan said:

Your post-debate performance has been quite feeble. You have spent a fair amount of time on this board rationalizing for Joe. Do you feel let down?

And if you don’t…you are in a cult. 

[BillsFanNC]

Must read insider account of part of the Fischer case.

 

I missed a call earlier today from attorney Dave Fischer.  I will call him back tomorrow.  I think he's on X but I couldn't find his account name.  If you know him @ this post to him.

 

But here is something everyone should know.

 

Dave practices out of Maryland, mostly Baltimore.

 

Dave's client, Thomas Caldwell, was among the very first J6 defendants hunted down who had a connection to the Oath Keepers -- he was never a member, but that didn't discourage the FBI.

 

Tom had a long and distinguished military career in the U.S. Navy.  

Early in the investigation the FBI ran across some messaging where Tom mused about making a crossing of the Potomac in a boat with a cache of weapons.  

 

In January.

 

As it turns out, the FBI later found a computer file written by Tom that included a very similar scenario laid out boldly....  

 

In a screenplay he had written for a spy thriller set in DC.

 

The Govt ignored all the signs that maybe there was a context to all this that they were missing.

 

Tom was the first named defendant in the first Oath Keeper indicted, was put in the "Leadership" echelon of the Govt construct about what the Oath Keepers were, and given the nickname "Naval Commander."    

Dave Fischer was hired by Tom right at the start, and for many many months, Tom's case took all of Dave's time.

 

Long before the other attorneys who joined him in the trial came into the case, Dave was unwinding all the details and exposing all the holes and wild exaggerations being peddled by the Govt.

 

Take myself -- I came into the Oath Keeper case officially (I was lurking back stage) in April 2022.  Dave Fischer had been working for Caldwell for 15 months at that point.  The attorneys for Stewart Rhodes came into the case in January 2022, 12 months after Dave.  

 

The case originally had 11 defendants charged together.  Because no DC Courtroom could deal with that many defendants and attorneys, the judge divided the case into two groups for trial.  He did so by putting all the defendants who were detained in custody in the first trial, and all the defendants who were released on bond in the second trial.  

 

With the split was 6-5, and THE GOVT asked to have Caldwell moved into the first trial even though he was on bond because he was part of the OK "leadership".  It was mainly the "leaders" -- according to the Government -- who were detained.  They did this even though by that point they knew that while Caldwell had some contact with Oath Keepers -- mostly in North Carolina -- he was not a member of the Oath Keepers, and on January 6 he was with his wife outside the Capitol and never went inside.  

 

Tom spent a short period of time in detention pretrial before he was released because of chronic medical issues.  

 

After today, those may be the only days Tom ever spends in jail.

He was convicted at trial on only a single 1512 count -- and nothing else.  Dave led the group in fighting to get that charge dismissed.  Now with the reversal today in Fischer, Tom's conviction will almost certainly be overturned.  

 

Dave has kept him out of custody on bail while Fischer was pending because it was the only charge the jury convicted him of.  

Now there will never been a sentencing hearing for Thomas Caldwell, the Oath Keeper Naval Commander only in the vivid imaginations of a group of DOJ prosecutors.  

 

PS -- One of the best moments of the first trial involving Dave  came during his questioning of the FBI Case Agent who "quarterbacked" the entire Oath Keeper investigation -- all 20+ individuals targeted for prosecution.  

 

Dave honed in on a key issue that he was confident he knew the answer to and he wanted to get it out of the Agent.  He went through a series of questions establishing the scope of the investigation that the Agent had led, and the hundreds of interviews done all over the country by hundreds of Agents in building the case against the Oath Keepers.   These interviews included several "Confidential Human Sources" who were members or close friends of members, some of whom were close to the national leader, Stewart Rhodes. 

 

Dave asked "How many of those hundred or more  people who were interviewed told you that they knew about an Oath Keeper plan to go into the Capitol on Jan. 6 to stop the vote?"  

 

Dave knew the answer, and to his credit the FBI Agent didn't try to avoid answering.

 

None.

 

Does that include the CHSs?

 

Yes.

 

So no one at any point during your investigation told you that they knew of a plan by the OKs to interfere with the vote count?

 

Correct.

 

Think about that -- the CHSs were inside the organization.  Stewart Rhodes and others were not shy about sharing their views on the election.  

 

But not one person interviewed by the Govt in its search for information said they heard of any plan to engage in a "seditious conspiracy" to prevent the peaceful transfer of power by stopping the electoral vote count.  

 

It took you 3 and 1/2 years Dave -- but today Thomas Caldwell is a winner.

 

 

 

[BillsFanNC]

Hundreds of examples of marxists giving zero fuk.cs about optics or consequences just like below.

 

Retain power is all that matters because the goal is eventually one party rule while screaming save our democracy all the way down.

 

They are going to cheat again. Massively. It matters zero that it will be obvious and out in the open.