Joe Biden is going to be seething with rage.
Biden’s scheme to wage lawfare against Trump as his main campaign strategy in 2024 could be on the verge of collapse.
And that’s because the Supreme Court made one ruling that is about to free Donald Trump.
In the wake of the 2001 Enron scandal Congress passed 18 U.S. Code § 1512, which makes it a felony punishable up to 20 years in prison to “obstruct an official proceeding.”
The relevant section of the statute reads as follows:
Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to withhold testimony, or withhold a record, document, or other object, from an official proceeding or alter, destroy, mutilate, or conceal an object with intent to impair the object’s integrity or availability for use in an official proceeding;
The Biden Justice Department convicted hundreds of Trump supporters on this charge.
Two of the four felony counts Jack Smith indicted Donald Trump on revolve around “obstructing an official proceeding.”
But now those convictions – as well as the ability of Jack Smith to put Donald Trump on trial before the November election – are in doubt.
That’s because the Supreme Court agreed to hear the case of Fischer v. United States where January 6 defendant Joseph Fischer challenged the charges against him for obstructing an official proceeding arguing that the plain text of the statute doesn’t apply.
“Hundreds of cases have been and will be affected by the scope of Section 1512(c)(2), including a case against the former President,” Fischer’s petition reads. “In addition, the use of Section 1512(c)(2) outside evidence impairment crimes is an extraordinary and unprecedented extension of the statute’s reach.”
Fischer argued that the original intent of the statute as passed by Congress was to prevent shredding of documents and destruction of evidence as the Enron scandal involved massive accounting fraud.
In the January 6 cases, the Biden prosecutors stretched the meaning of the statute to criminalize protesting the government.
“The D.C. Circuit’s expansion of Section 1512(c)(2) beyond evidence impairment to protests at the seat of government thus conflicts with the interpretations of other courts of appeal limiting the scope of the same statute,” the petition continues.
Smith and the Biden Department of Justice may be in for a rude awakening on these charges.
In the last term, the Supreme Court threw out convictions on wire fraud charges after rejecting the government’s intent to stretch the meaning of fraud statutes beyond their original intent.
The Supreme Court likely won’t hear this case until March or April and a decision won’t come until late June.
Justice Department standard procedure is not to take any action within 90 days of an election.
And that means this case – as well as Trump’s appeals on presidential immunity – are likely to drag this trial until after the 2024 election which would foil Joe Biden’s scheme to campaign against a convicted felon sitting in a jail cell.
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