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U.S. Supreme Court Throws Out DOJ Interpretation of “Obstruction” in Charges Cited Against Hundreds of U.S. Capitol Riot Defendants

Credit: Victor J. Blue / Bloomberg / Getty Images | via CNN [www.cnn.com]

REUTERS reports that the U.S. Supreme Court raised the legal bar yesterday (6/28/2024) for prosecutors pursuing obstruction charges in the federal election subversion case against defendants involved in the January 6, 2021 protests at the U.S. Capitol – a ruling which may impact the currently-on-hold federal case against former President Donald J. Trump.

The court ruled 6-3 to throw out a lower court’s decision that had allowed a charge of corruptly obstructing an official proceeding (the congressional certification of President Joe Biden’s 2020 election) against defendant Joseph Fischer, a former police officer who participated in the rioting at the U.S. Capitol and was charged by the U.S. Department of Justice (“DOJ”) with charging at police, entering the building and pressing up against an officer’s riot shield.

Federal prosecutors estimate that about 250 of the roughly 1,400 persons charged with obstruction in the January 6, 2021 U.S. Capitol riot could be impacted by the ruling.

The REUTERS article may be read in full HERE.

My brothers and sisters, on the heels of the U.S. presidential debate, this ruling of the U.S. Supreme Court may not result in the tossing of hundreds of filed or already-prosecuted or settled cases against many of the January 6, 2021 protesters, but it has already shined light upon the aggressive and “novel” approach to prosecution by the DOJ.

Let’s not forget, bad behavior notwithstanding, and despite the protestations of some, the only person actually killed during the riot was an unarmed, female USAF veteran, Ashley Babbit, who was shot to death through a door by U.S. Capital Police Lieutenant Michael Byrd.  [Note:  A video of this shooting may be viewed HERE.  ***Viewer discretion is strongly advised.]

To date, the shooting of Babbit has not received, in this writer’s view, anywhere near the necessary examination and transparency.  With the apparent destruction of evidence held and used by the now-suspended U.S. Select Committee ‘investigating’ the events of January 6, 2021, it seems that government transparency is no longer a priority, and the U.S. Congress does not seem overly concerned with pressing forward in the matter.

Defendant Joseph Fischer was charged and held in prison by the DOJ for charging at police, entering the Capitol building and pressing up against an officer’s riot shield.  Let’s consider how many times over the last five or six years we have watched video news reports of angry protesters burning federal buildings, putting up barricades and throwing items (or worse) at law enforcement officers, with ZERO investigation, arrests or formal charges resulting in imprisonment.

Now consider the highly-aggressive (which some would characterize as highly-selective) prosecutive and pre-trial detainment approach taken by the DOJ in the January 6, 2021 matter.  An honest consideration of this should be somewhat concerning.

When anyone, including government, hides facts, what is actually being hidden is truth.  Good, bad or ugly, the truth is what brings justice, not politics.  Hiding truth from citizens goes against the very essence of a democratically-run government supposedly operated by the people and for the people, and arguably, flies in the face of those politicians claiming that persons who questioned the validity of the 2020 General Election are automatically anti-democratic.  Hypocrisy abounds.

Regardless of our personal political views (or lack thereof), as believers, we should come together in prayer, seeking God’s will to be done in our lives and in our land.  We should also pray that our elected and appointed government officials would vigorously seek the truth – including a just and merciful resolution to the events of January 6, 2021 (see Exodus 20:16, John 8:31-32 and Psalm 86:5).  Many persons remain incarcerated without trial to this day!  A little “do unto others as you would have others do unto you” might go a long way (see Matthew 7:12).

Here are the above-mentioned scriptures:

Exodus 20:16 (Amplified Bible)
“You shall not testify falsely [that is, lie, withhold, or manipulate the truth] against your neighbor (any person).”

John 8:31-32 (ESV)
“So Jesus said to the Jews who had believed Him, ‘[i]f you abide in [M]y word, you are truly [M]y disciples, and you will know the truth, and the truth will set you free.’”

Psalm 86:5 (NKJV)
“For You, Lord, are good, and ready to forgive, [a]nd abundant in mercy to all those who call upon You.”

Matthew 7:12 (NKJV)
“Therefore, whatever you want men to do to you, do also to them, for this is the Law and the Prophets.”

Praise Jesus forevermore!

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