I’m more concerned this morning than I was last night. President Biden deserves another term with a majority in Congress. Nominee Biden is unlikely to get one. I don’t see how he recovers from last night. It was the worst possible event for an off day to happen. And now SCOTUS is overturning J6 convictions because they weren’t obstructions? I’m absolutely about to lose it.
I read Jackson's concurrence on the obstruction case--it surprised me to see her do so. And her concurrence made sense. It relied on legislative history and pointed out the specific thing the statute was aimed at--corporate fraud and doing things that obstructed the investigation of it. Unlike originalism, this is a valid way of analyzing a statute.
This isn't going to "free" anyone who had more than the obstruction count found against them. The "pure" obstruction cases didn't get much in the way of sentencing and many have probably already been released if jailed at all. This wouldn't affect any trespassing charges, misdemeanors though they may be. Jack Smith doesn't seem worried about any damage to his own case. When you get down to the conspiracy to use fake electors and the like, there are undoubtedly plenty of acts regarding documents to hang your hat on and fit the narrowed meaning of the holding.
In the obstruction case, even the APPELLANT was still charged with 6 other counts and found guilty on them:
"A grand jury returned a seven-count superseding indictment against Fischer. Six of those counts allege that Fischer forcibly assaulted a federal officer, entered and remained in a restricted building, and engaged in disorderly and disruptive conduct in the Capitol, among other crimes"
The thing to lose sleep over is the overturning of Chevron. That's going to affect the food you eat, the water you drink, the air you breathe, the meds you take, and the world your kids and grandkids will have to live in.
I’m personally making our legal duty of care as a citizen, the soul of our republic and its democratic institutions, central to all of my public discourse.
I’m still writing and speaking about the Christo-fascist hellscape Project 2025 will create.
I’m more concerned this morning than I was last night. President Biden deserves another term with a majority in Congress. Nominee Biden is unlikely to get one. I don’t see how he recovers from last night. It was the worst possible event for an off day to happen. And now SCOTUS is overturning J6 convictions because they weren’t obstructions? I’m absolutely about to lose it.
I read Jackson's concurrence on the obstruction case--it surprised me to see her do so. And her concurrence made sense. It relied on legislative history and pointed out the specific thing the statute was aimed at--corporate fraud and doing things that obstructed the investigation of it. Unlike originalism, this is a valid way of analyzing a statute.
This isn't going to "free" anyone who had more than the obstruction count found against them. The "pure" obstruction cases didn't get much in the way of sentencing and many have probably already been released if jailed at all. This wouldn't affect any trespassing charges, misdemeanors though they may be. Jack Smith doesn't seem worried about any damage to his own case. When you get down to the conspiracy to use fake electors and the like, there are undoubtedly plenty of acts regarding documents to hang your hat on and fit the narrowed meaning of the holding.
You’re right and I was wrong. 100%. Thanks for the thoroughly justified and kindly administered dope slap.
In the obstruction case, even the APPELLANT was still charged with 6 other counts and found guilty on them:
"A grand jury returned a seven-count superseding indictment against Fischer. Six of those counts allege that Fischer forcibly assaulted a federal officer, entered and remained in a restricted building, and engaged in disorderly and disruptive conduct in the Capitol, among other crimes"
The thing to lose sleep over is the overturning of Chevron. That's going to affect the food you eat, the water you drink, the air you breathe, the meds you take, and the world your kids and grandkids will have to live in.
Yeah. Loper. The courts won’t know what hit them.
I’m personally making our legal duty of care as a citizen, the soul of our republic and its democratic institutions, central to all of my public discourse.