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for the first time in almost three full
years the US Supreme Court has finally
agreed to take on a Case related to
January 6 prisoners in this case it can
have huge ramifications not only for the
plaintiffs in the lawsuit but also for
almost everyone else who has been
charged with obstruction of Congress
which includes president Donald Trump
himself now let me break down for you
exactly what this case is all about to
start with the Department of Justice
keeps a special page on their website
which is devoted to listing out the
indictments that they've issued in
relation to what happened over on
January 6 and if you scroll through that
list you'll find that the most widely
charged felony is obstruction
specifically almost 330 defendants
alongside president Trump himself have
been charged with corruptly obstructing
an official proceeding with the official
proceeding being a joint session of
Congress that was convened to certify
the Electoral College votes on January 6
and this obstruction charge is a felony
however many of the defendants are
arguing that the underlying statute that
they're being charged under is actually
being completely Mis interpreted by the
federal courts because you see the
specific law that these individuals are
being charged under this law right here
the sarban Oxley Act of 2002 otherwise
known as the corporate and auditing
accountability responsibility and
transparency act now this law was passed
by Congress back in the year 2002
shortly after the financial fraud at
Enron and Worldcom were exposed to the
public and essentially this law was
meant to close up some of the accounting
loopholes which allowed companies like
Enron to perpetuate massive fraudulent
schemes
the law has a number of Provisions in it
making it illegal to do things like
destroy evidence uh to impede Federal
investigations it provides certain
protections for corporate whistleblowers
and then also relevant to our discussion
this law has an entire subsection
related to obstructing an official
proceeding now this particular
subsection it came about directly as a
reaction to what happened over at Enron
if you remember enron's auditor was
actively destroying documents that were
potentially incriminating to the company
but at the time the law was such that
there was essentially a loophole where
the state could only prosecute people
who are persuading others to destroy
evidence but the state could not
prosecute the people who were actually
destroying the evidence themselves the
people who are act actually committing
the ACT could not be prosecuted that was
the loophole and so this new law it
fixed this particular loophole by
defining obstruction very very broadly
and it's exactly this provision in this
law that has been used to charge January
6 defendants for your reference here's
exactly what the law says quote whoever
corruptly 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 with the term official
proceeding being defined like this
within the law quote an official
proceeding includes proceedings before
federal judges Congress as well as
federal government agencies and so that
is the backstory of the statute that's
being used to charge January 6
defendants it was a provision in a 2002
law that was specifically passed to
close a loophole in financial accounting
fraud meaning that this is the law which
has allowed Federal prosecutors to
charge nearly 300 January 6 defendants
with felony obstruction rather than just
misdemeanor trespassing which is exactly
why January 6 defendants have been
appealing and trying to get their cases
to the US Supreme Court so that the
highest court in the land can make an
official determination as to whether or
not these federal judges interpretation
of this particular statute is correct
the arguments that the January 6
defendants are making is that this
particular law it only applies to the
destruction of documents or other
evidence and that any other
interpretation of that law is stretching
it Way Beyond what the lawmakers to
Envision at the time of its passage and
while for the past 3 years now they've
been quiet about it well just two days
ago the US Supreme Court issued an order
saying that they've accepted to review
the petitions of several different
January 6 defendants who are looking to
appeal their cases the January 6
defendants who have been granted an
appeal are as follows Joseph Wayne
Fischer Mr Jacob Lang as well as Mr
Garth Miller and as you can imagine
these defendants were quite thrilled
that the Supreme Court finally took up
their case for instance the lawyer who's
representing Mr fiser he told us here at
The Epic Times that quote qu we're very
happy that the court has decided to
clarify the scope of section 1512 C2
likewise aside from these three
defendants themselves all of the other
January 6 defendants as well well
they're eagerly looking at the Supreme
Court case with anticipation because how
the Supreme Court rules in this case
will actually have direct implications
in their cases as well and so for
instance you have Mr William pope from
Kansas who is also being charged by
federal prosecutors with obstruction and
here's what he said regarding this case
quote the tideus turned the Supreme
Court taking up the obstruction of an
official proceeding appeal is a clear
message to the doj that government
extremism has gone too far that more
than 300 Americans including president
Trump myself and many currently in
prison were wrongfully charged sadly the
doj has for the last three years used
the obstruction charge which the Supreme
Court is now primed to throw out to
pressure January 6 defendants into
taking bad plea deals the outcomes of
many cases would be far different if not
for this doj m practice furthermore as
he mentioned here besides the serious
implications for all the January 6
defendants currently in jail as well as
the ones currently on trial this case
also has significant implications for
president Trump as well that's because
as we mentioned at the very top of this
episode over in Washington DC quote
president Trump was charged in August
with several counts related to
obstruction of the joint session of
Congress on January the 6th a grand jury
indicted him for obstruction of an
official proceeding attempting to
obstruct an official proceeding and
conspiracy to obstruct an official
proceeding among other counts and so
that Supreme Court case will have direct
implications on whether or not the
charges against President Trump can
actually proceed in a court of law if
the Supreme Court rules that the
underlying statute is being
misinterpreted by the courts then very
likely these charges against President
Trump will be thrown out which is a
point that was made quite clear by
defense attorney William Shipley quote
the decision by the Supreme Court of the
United States today to take up the
appeal on the 512 obstruction of an
official proceeding case means the Trump
DC case will not be going to trial this
is the easy way to make that happen
without directly acting on the Trump
case on an expedited basis and so there
you have it that is where the case
currently stands the US Supreme Court
agreed to take up the case the
implications for all the defendants
including president Trump himself will
be significant and all the while January
6 defendants continue sitting inside of
a jail cell awaiting their trial which
is really insane if you think about it
for instance one of the defendants in
this US Supreme Court case is Mr Jake
langang who has been incarcerated in
pre-trial detention for nearly three
years think about that he's been sitting
in jail for well over a thousand days
awaiting trial during that period of
time couples have met each other dated
got married and had children all in the
span of time that Mr Lang and others
like him have been detained in the
Department of Corrections without bond
awaiting trial that is if nothing else
very cool if you'd like to read the full
appeal that was accepted by the US
Supreme Court I'll throw a link to the
pdf version of it it'll be down in the
description box below this video if you
are the type of person that likes to dig
into the weeds and all I ask in return
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