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Supreme Court Narrows Key Obstruction Law Used In Jan. 6 Prosecutions

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    Duncan Lock, Dflock, CC BY-SA 3.0 via Wikimedia Commons

    In a pivotal 6-3 decision on Friday, the Supreme Court made it more challenging to charge Jan. 6 defendants with obstruction, a ruling that could impact scores of cases.

    The ruling was notably not split along ideological lines, underscoring its significance.

    Key Justices and Their Stances

    Office of U.S. Senator Roger Wicker, Public domain, via Wikimedia Commons

    Justice Ketanji Brown Jackson, appointed by President Biden, joined the majority in Friday’s landmark decision, in sharp contrast to her strong words against Idaho‘s abortion ruling, which she bitterly criticized as a setback for “pregnant patients.” (RELATED: Supreme Court Allows Emergency Abortions To Resume In Idaho)

    In a surprising move, Justice Amy Coney Barrett broke away from her conservative peers and sided with the minority.

    Case Spotlight: Joseph Fischer

    The decision directly involves Joseph Fischer, a former police officer from Pennsylvania. Fischer, who participated in the U.S. Capitol riot, faces an obstruction charge among several other accusations, including assaulting a police officer and disorderly conduct.

    Fischer’s appeal specifically targeted the obstruction charge under Section 1512(c)(2). His defense argued that this statute, originally crafted to tackle evidence tampering following the Enron scandal, was being misapplied to his actions on Jan. 6.

    They asserted that the law’s intended scope was being overly stretched to cover protest activities​. On the other hand, the government argued that the statute’s broad language was deliberate, designed to address various obstruction forms, including those that disrupt official proceedings like the certification of electoral votes​​.

    Understanding Section 1512(c)(2)

    Section 1512(c)(2) penalizes those who “corruptly” obstruct, impede or interfere with official congressional investigations, carrying a maximum sentence of 20 years. The Justice Department utilized this statute to prosecute individuals whose actions postponed the Electoral College vote count on Jan. 6. However, Fischer and many others contended that the Biden administration‘s DOJ had repurposed the law from its original focus on document tampering to now include those involved in the Capitol riot.

    The Hill further reports:

    The Supreme Court’s decision could have profound implications on the Justice Department’s years-long prosecution of the Capitol attack.

    More than 350 rioters were charged with obstructing an official proceeding after mobbing the Capitol on the day Congress was set to certify now-President Biden’s win against Trump. Several members of the extremist Proud Boys and Oath Keepers groups were convicted of the charge, including the leaders of each group, Enrique Tarrio and Stewart Rhodes.

    Though most also faced other felony counts, 50 rioters were sentenced with the obstruction law as their only felony, according to Prelogar.

    Jackson signaled in a separate opinion that she believed it is possible for Fischer and the other defendants to still be prosecuted under the charge.

    “That issue remains available for the lower courts to determine on remand,” she wrote.

    Broader Implications

    The Supreme Court ruling may not only influence Fischer’s case but numerous other Jan. 6 defendants. It may even extend its impact to former President Trump, who faces related legal challenges.

    Article Published With The Permission of American Liberty News.

    McConnell Breaks From Trump On ‘Vilifying’ Biden

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    Mitch McConnell via Gage Skidmore Flickr

    Senate Republican Leader Mitch McConnell (R-Ky.) notably diverged from former President Donald Trump’s harsh rhetoric toward President Joe Biden on Tuesday, calling the incumbent commander-in-chief a “good guy.”

    The Kentucky Republican’s remarks stand in contrast to Trump’s persistent portrayal of Biden as a corrupt figure intent on manipulating elections and targeting political adversaries.

    “I know Joe Biden pretty well. He’s a good guy; I like him personally,” McConnell shared with an audience in Louisville on Tuesday.

    Despite stylistic differences with Trump, McConnell maintains there are significant policy-driven arguments for opposing Biden. Other Republicans are encouraging Trump to focus on Biden’s job performance rather than personal attacks tonight.

    Moreover, McConnell remains critical of Biden’s policies. “I never thought he was moderate in the Senate, but he ran as a moderate,” he stated. “But as soon as the president got elected, he pretty much signed up with the far left of the Democratic Party, which has created another set of problems for all of you who are in business. This has been a regulatory nightmare by this administration.”

    A Tactical Endorsement

    On March 6, 2024, McConnell endorsed Trump for the upcoming presidential race. This endorsement followed Trump’s decisive victories on Super Tuesday, which solidified his position as the GOP front-runner. McConnell acknowledged the substantial support Trump had garnered from Republican voters, expressing his backing for Trump’s nomination in a strategic move to unite the party.

    The Path Forward?

    As the debate rapidly approaches, McConnell’s tempered tone towards Biden could offer Trump a blueprint for a more policy-focused campaign. By addressing Biden’s track record and regulatory policies, Trump might find a path to appeal to undecided voters and moderate Republicans, who McConnell seemed to be addressing.

    Article Published With The Permission of American Liberty News.

    Manhattan DA Seeks Extended Gag Order Against Trump

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      Gage Skidmore Flickr

      The Manhattan District Attorney’s office is seeking an extension of the restraining order against former President Donald Trump, citing increased death threats against DA Alvin Bragg.

      They argue that Trump’s public statements have increased tensions and led to threats against Bragg and his team before Trump’s July 11 sentencing on 34 felony counts.

      As The New York Times reports:

      The order, issued before Mr. Trump’s Manhattan criminal trial began in mid-April, bars him from attacking witnesses, jurors, court staff and relatives of the judge who presided over the trial, Juan M. Merchan.

      Mr. Trump’s lawyers have sought to have the order lifted since Mr. Trump’s conviction in late May. But in a 19-page filing on Friday, prosecutors argued that while Justice Merchan no longer needed to enforce the portion of the gag order relating to trial witnesses, he should keep in place the provisions protecting jurors, prosecutors, court staff and their families.

      Gage Skidmore from Surprise, AZ, United States of America, CC BY-SA 2.0 , via Wikimedia Commons

      The New York Police Department has logged 56 “actionable threats” since the beginning of April directed against Alvin L. Bragg, the Manhattan district attorney who brought the case, and against his family and employees, according to an affidavit provided with the filing.

      Prosecutors said the 56 logged complaints did not include numerous “threatening emails and phone calls,” which the NYPD are “not tracking as threat cases.”

      Mr. Trump was convicted on May 30 of 34 felony counts of falsifying business records related to a $130,000 payoff made to the porn star Stormy Daniels. The money was meant to cover up a sexual tryst she says she had with Mr. Trump in 2006, a decade before he was elected president. (Mr. Trump, 78, has continued to deny ever having had sex with Ms. Daniels.)

      In April, the Manhattan District Attorney’s Office reported receiving two envelopes containing a white, powdery substance intended for DA Alvin Bragg.

      One of the envelopes reportedly contained a letter that used an expletive to refer to Bragg’s weight.

      Another contained an explicit message to Bragg, “ALVIN: I AM GOING TO KILL YOU,” followed by 13 exclamation points.

      Investigators determined the substances in both cases weren’t harmful.

      Trump is potentially facing up to four years in prison or alternative sanctions, including home confinement.

      Article Published With The Permission of American Liberty News

      Judge Weighs Removing Jack Smith in Trump Classified Documents Case

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        Gavel via Wikimedia Commons Image

        Florida Judge Aileen Cannon is currently holding a hearing to consider whether the appointment of U.S. Special Counsel Jack Smith and the funding of his investigations is “unlawful.”

        Upon postponing the classified documents trial, Cannon scheduled deadlines for reports on June 10 and 17 and a hearing on a motion to dismiss on Friday, “based on unlawful appointment and funding of special counsel.” 

        Cannon expanded Friday’s hearing to allow amici to argue before the court, as well as Trump defense attorneys and federal prosecutors according to Fox News.

        Former Attorney General Ed Meese, who served under former President Reagan, filed an amicus brief in the case, in which he argues that Attorney General Merrick Garland’s appointment of Smith as special counsel – a private citizen at the time – violates the appointments clause of the Constitution. 

        Garland appointed Smith as special counsel on Nov. 18, 2022, mere days after Trump announced he would run for president in 2024. 

        Meese argues that the “illegality” of Smith’s appointment is “sufficient to sink Smith’s petition, and the Court should deny review.” 

        Meese and company noted in the brief that Smith was appointed “to conduct the ongoing investigation into whether any person or entity [including former President Trump] violated the law in connection with efforts to interfere with the lawful transfer of power following the 2020 presidential election or the certification of the Electoral College vote held on or about January 6, 2021.”

        Earlier this month, Garland defended his move during a hearing on Capitol Hill, arguing that “there are regulations under which the attorney general appoint special counsel. They have been in effect for 30 years, maybe longer, under both parties.” 

        Meese, however, in his briefs filed in several points in the Trump cases, argued that “none of those statutes, nor any other statutory or constitutional provisions, remotely authorized the appointment by the Attorney General of a private citizen to receive extraordinary criminal law enforcement power under the title of Special Counsel.”

        Meese’s brief was even mentioned in a question by Justice Clarence Thomas in the Supreme Court oral arguments over Trump’s presidential immunity in Smith’s other case regarding 2020 election interference, which the high court is expected to decide this month.

        Presenting arguments on June 21 in Florida on behalf of Meese will be Gene Schaerr; Josh Blackman on behalf of Professor Seth Barrett Tillman; and Matthew Seligman on behalf of constitutional lawyers, former government officials, and “State Democracy Defenders Action.”

        This is a breaking news story. Please check back for updates.

        Trump Demands Fox Remove Ex-Lawmaker Board Member

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          The White House from Washington, DC, Public domain, via Wikimedia Commons

          There’s bad blood between Fox News and Donald Trump…

          Donald Trump took aim Wednesday at Fox News board member and former GOP House Speaker Paul Ryan on social media.

          Trump tore into “a very disloyal” Ryan on Truth Social, citing the infamous former House Speaker as the reason why “nobody can ever trust Fox News.”

          “Nobody can ever trust Fox News, and I am one of them, with the weak and ineffective RINO, Paul Ryan, on its Board of Directors,” Trump wrote. “He’s a total lightweight, a failed and pathetic Speaker of the House, and a very disloyal person. Romney was bad, but Paul Ryan made him look worse. As a team, they never had a chance. Rupert and Lachlan, get that dog off your Board – You don’t need him. ALL YOU NEED IS TRUMP. MAKE AMERICA GREAT AGAIN!”

          Ryan called Trump “unfit for office” during a June 11 interview with Fox News’ Neil Cavuto. When Cavuto asked Ryan about viewers who disliked him and believed he was “pulling the strings” at Fox, Ryan responded he had “been in politics a long time” and had “really thick skin.”

          Ryan made clear in early May that he would write in a different candidate’s name because “character is too important.” The anti-Trump Republican also said, “Everyone knows we will well lose the election if we nominate this guy again.”

          Trump attacked the 2012 vice presidential candidate’s choice to back a different candidate in November.

          “Rupert Murdoch should fire pathetic RINO Paul Ryan from the Board of Fox. Ryan is a loser, always has been, and always will be,” Trump wrote on Truth Social. “He was the WEAKEST & MOST INCOMPETENT Speaker of the House in its History. Fox will sink to the absolute bottom of the pack if Paul Ryan has anything to do with it!”

          Obama Begs Influencers To Back Biden

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          The White House, Public domain, via Wikimedia Commons

          Former President Barack Obama is getting desperate…

          Over the weekend, Obama called on influencers to endorse Joe Biden and help his re-election campaign.

          The former president, whom Biden served under as vice president, told influencers they might not agree entirely with Biden’s policies but should support him anyway.

          “Joe Biden, you may not agree with everything he does,” Obama said at a campaign fundraiser for Biden in Los Angeles on Saturday, according to Axios. “By the way, you didn’t agree with everything I did. And that’s OK. Because in a big, messy, complicated country like this, there are going to be disagreements.”

          “I need you guys to use your influence, and it doesn’t have to be boring,” Obama told them.

          Obama also acknowledged that audiences on social media are often not interested in partisan politics. 

          “We live in a cynical time,” he said, according to Axios. “Let’s face it: I think a lot of the people who watch you, listen to you, who are fans of you — a lot of times they feel turned off by the political discourse.”

          “I get it,” Obama told the group, also giving insight into his media consumption. “You know, I frankly watch sports, mostly. Because it feels like everything is slash and burn.”

          “But Joe Biden’s basic trajectory — what he believes in his core … nine times out of 10, he’s going to make decisions that accord with your core beliefs,” Obama said. 

          A New York Times/Siena College poll conducted in April found that former President Trump is cutting into Biden’s lead among young voters. Biden’s support among young voters has decreased by 14 points from his 2020 election performance to April. 

          Pelosi Calls On Family To Stage Intervention For ‘Wacky’ Trump

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            Nancy Pelosi via Gage Skidmore flickr

            Nancy Pelosi (D-Calif.) thinks Donald Trump needs an intervention.

            During a recent interview, the 81-year-old lawmaker called on the former President’s family to immediately stage an intervention

            Office of Public Affairs from Washington DC, Public domain, via Wikimedia Commons

            “He knows he’s wacky,” Pelosi told MSNBC’s Lawrence O’Donnell. “He knows he’s an imposter.” 

            “But I do wish there would be an intervention from his family, assuming they love him beyond the resources … that they would intervene,” she said, adding that she also hoped that the “Republican Party would have an intervention.” 

            On Thursday, Trump visited Capitol Hill and took part in a series of meetings with Republicans on several issues, including abortion and his legal challenges. According to several GOP senators, the former president will attempt to focus on the economy ahead of the November election.

            “They have become a cult to a thug,” she said about the visit. “And that is really a tragedy.” 

            During her MSNBC interview, Pelosi called the former president “a master of projection.”

            “Everything he says about somebody else, whether it’s a judge in the courtroom, a witness, a juror, a member of Congress, a woman, an opponent in an election — everything he says is a projection of his own shortcomings,” she said.

            Pelosi previously aired her Trump intervention proposal, in February also called for an intervention due to Trump’s mental health.

            Article Published With The Permission of American Liberty News.

            Hillary Clinton Endorses Democrat Primary Opponent In Rare Rebuke

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              Hillary Clinton via Gage Skidmore Flickr

              A shocking betrayal…

              Former failed Democrat presidential candidate Hillary Clinton made the rare move of endorsing the primary opponent of a sitting House Democrat.

              The former secretary of state who remains a vocal influence over the Party opted to endorse George Latimer instead of Rep. Jamaal Bowman (D-NY) on Wednesday.

              Rep. Jamaal Bowman, Public domain, via Wikimedia Commons

              “With Trump on the ballot, we need strong, principled Democrats in Congress more than ever,” wrote Clinton on X, adding:

              In Congress, @LatimerforNY will protect abortion rights, stand up to the NRA, and fight for President Biden’s agenda—just like he’s always done.

              Make a plan to vote by June 25th!

              According to Mediaite, last month CNN’s Manu Raju wrote that it is “the most competitive primary an incumbent House Democrat is facing anywhere in the country.”

              Bowman, a progressive Democrat and member of the so-called “Squad,” has faced intense criticism from party colleagues over his strong criticism of Israel during its war against Hamas in Gaza following Oct. 7th.

              “He’s gone far enough out that even the left-leaning Israel advocacy group J Street withdrew its endorsement of Bowman in January, complaining that he had crossed a line in putting the blame for the conflict too much on Israel and not on Hamas,” reported Raju in May, adding:

              Now even many of Bowman’s fellow New York Democrats in Congress say privately they doubt he will win – but more than that, when asked by CNN, several pointedly refused to say that they want Bowman to win, or that they would support him as the race enters its final month ahead of the June 25 primary.

              Bowman was also censured by the House last December after he pulled a fire alarm in an apparent effort to disrupt a vote. Bowman initially claimed he “mistakenly” pulled the alarm while rushing to vote. However, security footage late made public debunked his story. (RELATED: House Votes To Censure Democrat Rep. For Pulling Fire Alarm To Delay Vote)

              Article Published With The Permission of American Liberty News.

              Report: Billionaires Are Flocking To Trump

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                Image via Pixabay free images

                Big news for Trump…

                 New reports indicate that big names in finance are opting in to support former President Trump despite his controversies.

                According to a report from Politico, a number of billionaires are willing to shake off personal concerns about Trump and embrace him for 2024. Some of the titans include Point Bridge Capital founder Hal Lambert, hedge fund executive Nelson Peltz and hotel mogul Robert Bigelow.

                “Historically, some of the way Trump treats people doesn’t sit well with them when you have choices, but there’s really not many choices anymore,” Carolina Hurricanes owner Tom Dundon said Wednesday on “FOX & Friends.” 

                The change in attitude is largely due to Trump’s “pro-business” policies and previous standing on the world stage, Dundon said. 

                Dundon highlighted the Biden administration’s collective “nonsense” is contributing to growing support for Trump among the Wall Street elite in addition to everyday Americans.

                “Some of the things have gotten to where it’s hard to support nonsense,” he told host Brian Kilmeade.

                Republican Rep. Predicts Biden Conviction Creates ‘Opening’ For Michelle Obama

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                  The White House, Public domain, via Wikimedia Commons

                  Could Hunter Biden’s latest gun conviction have some unintended consequences?

                  Rep. Andy Ogles (R-Tenn.) suggested in a Fox Business appearance that Hunter Biden’s conviction in the federal gun charges case could create “an opening” for Michelle Obama to make a future bid for the White House.

                  Ogles responded to the verdict on Fox Business’s “Mornings with Maria” on Wednesday and emphasized the “need to pursue justice” before suggesting President Biden may drop out of the race amid his son’s guilty verdict.

                  “That being said, I think it also creates an opening for Democrats like Michelle Obama in here. The Biden family can say, ‘Hey, we’re going to take care of our house, we’re going to take care of our son,’ and then allow Michelle Obama to come in and run,” he said.

                  “Because again, Joe Biden can’t win this election, and they know that they are desperate for another candidate,” Ogles added.

                  In his Wednesday appearance on Fox Business, Ogles echoed former President Trump’s campaign’s statement on the recent conviction. A campaign spokesperson called Hunter Biden’s conviction was “a distraction” from serious allegations of corruption against the Biden family.

                  Ogles agreed that the guilty verdict was “absolutely” a distraction.

                  “Look, obviously we always need to pursue justice. With that being said, the Biden crime family is guilty of taking tens of million dollars from foreign countries. That should be the main topic of conversation. That’s what should be prosecuted and adjudicated in court,” he said.

                  Ogles is not the first lawmaker to float a potential White House run by Michelle Obama. The former First Lady’s office said earlier this year she “will not be running for president,” saying Obama “supports President Joe Biden and Vice President Kamala Harris’ re-election campaign.”