Turning Statutes Into Pretzels To Terrorize Half Of America

The January 6th persecution has little to do with the Rule of Law and a whole lot to do with terrorizing those who disagree with the Biden Regime. Their scheme is to terrorize over half of Americans into silence, and it is working on many of us. [Not on me!] THAT is why they are still rounding up Americans who MAY have been in DC on or about January 6, 2021. The Biden Regime not only demands that we shut up throughout his term, but that we crawl into a hole after he steals the 2024 election, too. He only wants us to leave our holes long enough to cough up our tax dollars to give him more power.

JACK SMITH NEVER CHARGED AL GORE

Two of the four charges in Trump’s federal election “interference” case rely on portions of the same law that Joseph Fischer is challenging in Fischer v United States. Jack Smith’s J6 case against President Trump is on hold while waiting for the Supreme Court to consider whether a president is immune from federal charges for acts he performed as president. Oral arguments on immunity were held last week. Oral arguments on Fischer were held two weeks ago.

Smith charged Trump with organizing “fraudulent” slates of presidential electors in 2020 and causing them to send “fake” certificates to Congress. Alternate slates of presidential electors is a normal practice going back to 1876 when Florida, Louisiana, Oregon, & South Carolina each submitted two slates of electors to Congress with different results.

In 2000, Democrat Al Gore asked officials in four of Florida’s biggest counties to recount their ballots, kicking off a month-long delay in choosing presidential electors. Three weeks later, Florida declared that George W. Bush had won by 537 votes. Gore rejected that count and, eventually, the US Supreme Court declared the winner. Gore was not charged with “election interference.”

THE DESPERATION IS SHOWING

So desperate is the Deep State, the DC Swamp, the bureaucrats, the Ruling Elite and others who suck off the taxpayers to sweep the America-First movement into the dust heap of history, that statutes are being twisted like pretzels. I am not just talking about the Biden v Trump Criminal Case No. 1 in Manhattan. I am referring to how Biden’s Lawfare Henchmen, lead by Matthew Graves, have twisted a “can’t destroy evidence of financial crimes” statute to put both J6 defendants and President Trump into prison for 20 years.

The Sarbanes Oxley Act of 2002* was passed in the wake of the Enron Scandal wherein thousands of investors were swindled out of millions of dollars. One section of the statute prohibits businesses from destroying potential evidence like the Enron executives did. Biden’s Lawfare Team has charged 330 J6 defendants with “destroying evidence” under Sarbanes Oxley even though they never touched a single document nor damaged any “evidence,” while they sashayed through the capitol building on January 6, 2021. There is also no evidence that President Trump “destroyed evidence.”

JOSEPH FISCHER V. UNITED STATES

A former police officer, Joseph Fischer, a defendant charged in the Capitol protest contends the obstruction charge leveled against 330 of 1,265 defendants is invalid because it targets document shredding, not stopping a meeting. If the US Supreme Court rules in his favor, two of four charges against Trump in the Jack Smith case will be thrown out, as well.

Fischer, who was charged in the protest, contends Congress approved the law in 2002 after the Enron scandal to target document shredding, which he didn't do at the Capitol. Biden’s Lawfare Team contends the law is a "catchall" that includes blocking official proceedings such as Congress counting Electoral College votes.*

JUDGES SEE THE HANDWRITING ON THE WALL

With at least four of the nine justices agreeing to hear Fischer’s arguments for overturning the use of the Enron statute, judges have already begun ordering the early release of J6 defendants rather than risk holding them longer than misdemeanor sentences allow.

One defendant, Thomas Adams, was freed in January after serving about five months of a 14-month sentence. Alexander Sheppard is set to be released May 2 after serving six months of a 19-month sentence. Kevin Seefried, who was sentenced to three years in prison, is scheduled to be released May 31 after one year behind bars.

Another J6 defendant, Thomas Robertson, has challenged a different facet of Sarbanes Oxley by arguing that he wasn't acting “corruptly” on January 6, 2021 because he wasn't aiming for personal gain, such as stealing. Robertson’s appeal to the Supreme Court is on hold while he waits for the justices to decide Fischer’s case.

The high court has no deadline to resolve the dispute, but a decision is expected by the end of June.

*18 U.S. Code § 1512(c) “Whoever corruptly (1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or (2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.”

DIANE’S QUESTION: I have yet to hear anyone, be they honest legal analysts, or those who suffer from Trump Derangement Syndrome, or politicians, mention a difference between those who entered the Capitol building while Congress was in session, and those who came in after the meeting had been adjourned. The meeting was called to order at 12:30pm and was adjourned about 2:00pm. The first group might be guilty of “obstructing an official proceeding” and the latter group definitely is not because there was no meeting in progress at the time they entered the building.