Connect with us

Washington

Opinion | Ketanji Brown Jackson saves J6 and Trump prosecutions — for now

Published

on

Opinion | Ketanji Brown Jackson saves J6 and Trump prosecutions — for now


The Supreme Court, in eviscerating decades of administrative law, running roughshod over women’s privacy rights and impeding the federal government’s power to regulate securities law, has aggrandized more power to itself than any court in history. However, in one tiny ray of sunshine, we saw on Friday in the Fischer case, that with the handiwork of Justice Ketanji Brown Jackson, the court’s avarice can be contained.

As a result of her vote, the court’s majority left prosecutions of felon and former president Donald Trump unchanged (for now) and severely limited any impact on hundreds of other Jan. 6 insurrection cases. A tiny fraction of the Jan. 6 defendants will actually be affected.

The obstruction statute 18 U.S.C. Section 1512 (c)(1), at issue in many Jan. 6 cases, prohibits “altering, destroying, mutilating, or concealing a record, document, or other object with the intent to impair the object’s integrity or availability for use in an official proceeding.” The court had to decide what actions are covered by the subsequent Section 1512(c)(2), which penalizes conduct that “otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so.”

What does “otherwise” mean? The court declined to either take the broadest or most narrow definition available. Instead, it held:

Advertisement

As we have explained, subsection (c)(1) refers to a defined set of offense conduct — four types of actions that, by their nature, impair the integrity or availability of records, documents, or objects for use in an official proceeding. When the phrase “otherwise obstructs, influences, or impedes any official proceeding” is read as having been given more precise content by that narrower list of conduct, subsection (c)(2) makes it a crime to impair the availability or integrity of records, documents, or objects used in an official proceeding in ways other than those specified in (c)(1). For example, it is possible to violate (c)(2) by creating false evidence — rather than altering incriminating evidence.

The crimes, such as creating false documents (say, phony electoral ballots), are covered, but general obstruction activities are not. The crime must be tethered to the objects and/or documents at issue in the proceeding.

The key to understanding the decision is Justice Ketanji Brown Jackson’s concurrence. She explained exactly what the court did:

Joseph Fischer was charged with violating §1512(c)(2) by corruptly obstructing “a proceeding before Congress, specifically, Congress’s certification of the Electoral college vote.” That official proceeding plainly used certain records, documents, or objects — including, among others, those relating to the electoral votes themselves. And it might well be that Fischer’s conduct, as alleged here, involved the impairment (or the attempted impairment) of the availability or integrity of things used during the January 6 proceeding “in ways other than those specified in (c)(1).” If so, then Fischer’s prosecution under §1512(c)(2) can, and should, proceed.

In other words, even this defendant might still be convicted of conduct related to records, documents or objects in the congressional proceeding if he was seeking to destroy the electoral ballots. (Fischer was also charged with other conduct under other statutes.)

“As Justice Jackson’s concurring opinion makes clear, the Court’s interpretation of Section 1512(c) is still broad enough to cover Fischer’s alleged conduct,” constitutional scholar Matthew Seligman, who authored an amicus brief for the case told me. “By violently storming the Capitol, the violent Jan. 6 rioters impaired the availability of the electoral certificates that Congress convened to count — Senate staffers had to flee the building with the certificates so they weren’t destroyed.” In short, Seligman concludes that “while the Court narrowed the government’s expansive interpretation, it did so in a way that will affect few — if any — actual Jan. 6 cases.”

In other words, creating electoral vote slates (as Trump allegedly did) would still be prosecutable. This decision therefore has essentially no impact on Trump, who was charged with four criminal counts including 1512(c)(2) and conspiracy to violate 1512(c)(2). His alleged involvement in concocting false electoral slates falls four-square within the court’s ruling. (Depending on the fine print, the court’s immunity case could still restrict his prosecution.)

Advertisement

As for the rest of the Jan. 6 insurrection defendants, the Justice Department in a statement released after the decision made clear: “The vast majority of the more than 1,400 defendants charged for their illegal actions on January 6 will not be affected by this decision. There are no cases in which the Department charged a January 6 defendant only with the offense at issue in Fischer.”

Just Security co-founder Ryan Goodman explains how the media exaggerated the impact of Fischer. “A quarter of [the defendants] pleaded guilty but NOT to obstruction,” he emphasized. “They pleaded to other charges. Those charges and those sentences are utterly unaffected by Supreme Court’s ruling.” It is really a sliver of a sliver who might be affected.

For example, all 128 people convicted at trial under 1512(c)(2) were also convicted of other crimes. At worst, they would need to be resentenced if their 1512(c)(2) conduct did not fall within the Supreme Court’s opinion. Beyond that, the legal gurus at Just Security found that for the “71 defendants who have been charged under Section 1512(c)(2) and are still awaiting trial, all of them are charged with crimes in addition to 1512(c)(2), and a majority are charged with one or more other felonies.” Depending on the facts, their 1512(c)(2) charge could either be dropped or their sentencing could proceed as charged.

Of the very small number of defendants (48) who pleaded to obstruction under 1512(c)(2), 22 were also charged with another felony. The other 26 pleaded just to a 1512(c)(2) count; all but 11 of those could be charged with another felony such as civil disorder and theft of government property.

A grand total of 11 defendants — who pleaded only to a 1512(c)(2) offense with no other felonies available — conceivably might have those reduced to misdemeanors. (There are also a group of 73 people either convicted at trial or waiting for trial on 1512(c)(2) plus one or more misdemeanors.) That is it. Fischer in no way opens the prison doors, and it certainly gives Trump absolutely no comfort.

Advertisement

This is not to tout the reasonableness of the right-wing majority. Having snatched immense powers from the executive branch and Congress this term, the court’s unbridled activism is undeniable. We certainly have seen an untrammeled imperial court dragging government back to the 1920s (on nonregulation of air, water, workplace safety, etc.) and individual rights to the 19th century. It has run roughshod over our democracy, which empowers the people’s elected representatives to make policy decisions. Rather, Fischer stands as a lonely exception, an example of judicial finesse.

Two points deserve further mention. Most vividly, this case serves as yet another glaring example of the mainstream media’s rush to hysterical conclusions. Overwrought headlines after the decision came down suggested hundreds of cases would be overturned. Those were inaccurate. Precision should take precedence over clickbait. Second, if Trump gets more appointees for the Supreme Court and the rest of the federal bench in a second term, there might be no brake on the damage this court can do. The prospect that the court could get worse should send chills up and down the spines of all Americans.



Source link

Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Washington

Biden, Netanyahu expected to meet in Washington during Israeli PM’s July visit

Published

on

Biden, Netanyahu expected to meet in Washington during Israeli PM’s July visit


US President Joe Biden and Israeli Prime Minister Benjamin Netanyahu are expected to meet in Washington in late July when the Israeli leader comes to address the US Congress about his country’s war in Gaza, a White House official said on Tuesday.

Netanyahu is due to address the US Congress on July 24 during a visit to Washington. He will speak to a joint session of the House of Representatives and the Senate.

The expectation of a Biden-Netanyahu meeting was reported first by CNN, which added that the logistical details of their meeting expected at the White House were still being finalized.

US President Joe Biden and Israeli Prime Minister Benjamin Netanyahu are expected to meet in Washington in late July when the Israeli leader comes to address the US Congress. via REUTERS

While the US has maintained its strong support for Israel both diplomatically and in providing weapons amid the war in Gaza, Biden has on some occasions expressed concerns about Israel’s conduct.

Advertisement

For example, he once termed Israel’s bombing campaign in Gaza as indiscriminate while also labeling its military response on another occasion as “over the top.”

In a call with Netanyahu in April after the killing of aid workers, Biden urged him to take more steps to protect civilians in Gaza, saying US policy may change otherwise.

Republicans have criticized Biden, a Democrat, for this and said urged more support for Israel.

There has been mounting international criticism of Israel’s conduct and of US support for its ally in a war that has so far killed tens of thousands and created a humanitarian crisis.

In a call with Netanyahu in April after the killing of aid workers, Biden urged him to take more steps to protect civilians in Gaza, saying US policy may change otherwise. POOL/AFP via Getty Images

Nearly 38,000 people have been killed during the war in Gaza, the local health ministry says, with many more feared buried in rubble as nearly the entire enclave has been flattened and most of its 2.3 million population displaced.

Advertisement

There is also widespread hunger in Gaza.

Republicans have criticized Biden, a Democrat, for this and said urged more support for Israel. REUTERS
Israel’s assault on Gaza began after Palestinian Islamist terror group Hamas attacked Israel on Oct. 7, killing 1,200 people and abducting 250 hostages to the Hamas-governed enclave. Jim Hollander/UPI/Shutterstock
Nearly 38,000 people have been killed during the war in Gaza, the local health ministry says. MOHAMMED SABER/EPA-EFE/Shutterstock

The war has led to genocide allegations that Israel denies.

Israel’s assault on Gaza began after Palestinian Islamist terror group Hamas attacked Israel on Oct. 7, killing 1,200 people and abducting 250 hostages to the Hamas-governed enclave, according to Israeli tallies.



Source link

Advertisement
Continue Reading

Washington

Opinion | Joe Biden should step aside now

Published

on

Opinion | Joe Biden should step aside now


Adam Frisch, a Democrat, is a candidate for the U.S. House in Colorado’s 3rd Congressional District.

During conversations I’ve had over the 432 miles I’ve driven since Thursday night across Colorado’s Western Slope, I’ve been hearing from people across my district about their frustrations with our presidential choices. These are regular people — Democrats, Republicans and independents — not D.C. pundits or political insiders.

We are at a critical point in our country’s history. It is not a time to think about which party or which tribe you belong to, but rather what is most important for the future of our country and our children.

On Tuesday, I called for President Biden to withdraw from the 2024 presidential election.

Advertisement

The entire country was left stunned during and after last Thursday’s debate. The indelible images and sound bites from that evening will remain with us, repeated in campaign ad after campaign ad, and make it impossible for Biden to win his election. It left people in my district feeling sick to their stomachs. Biden has had fewer and fewer press appearances as his term has proceeded, raising questions about his abilities, and raising fears from the public that our president’s staff has been lying to us about his capabilities.

This decision to speak out is not a referendum on Biden’s accomplishments, nor how good of a person the president is, but rather what the best options for our country should be. I have always said we are going to do the right thing, for the right reasons, in the right way.

There are a lot of people who support Donald Trump, especially in my district, and many of the grievances the former president raises in his campaign ring true for many Americans. However, we need a serious, positive, solutions-based approach to the very serious issues our communities face. In my mind, anyone who spends time quibbling about his golf handicap instead of answering questions about how to make life better for all Americans should be disqualified from the presidency. It’s time for a new generation of leaders to take the reins.

For years, Republican insiders have privately expressed grave concerns about Trump yet sing his praises publicly. It is frustrating to see that this public-private dichotomy is not a single-party phenomenon but rather is one of the most telling aspects of why people don’t trust either party. This is the furthest thing from bipartisanship that the country wants to see.

Biden ran in 2020 as a transitional leader for the next generation. When he announced a reelection campaign in 2023, I publicly commented that I was one of the 75 percent of the people in the country that was not happy with a rematch. Both parties have deep benches. For the good of our country, it is time we showcase them.

Advertisement

This is President Biden’s moment — and his biggest test. He should put personal ambition aside, and then stand up and announce he will withdraw from consideration. The deep Democratic bench should work to nominate a younger slate. We can then join together to focus on the problems and solutions that are most important to our country.

We must focus on lowering the costs of gas, groceries and health care; securing the border and creating a pathway to citizenship for longtime law-abiding residents; and protecting the rights of women and eliminating government-mandated pregnancies. These are real and pressing problems for Americans and new leadership is needed.



Source link

Continue Reading

Washington

Giuliani disbarred in N.Y. over false statements about 2020 election

Published

on

Giuliani disbarred in N.Y. over false statements about 2020 election


Rudy Giuliani, the former New York mayor and personal attorney to Donald Trump, was disbarred Tuesday in New York over his false statements about the 2020 election.

“The seriousness of respondent’s misconduct cannot be overstated,” a state appeals court said in a ruling, adding that Giuliani “baselessly attacked and undermined the integrity of this country’s electoral process.”

Giuliani was already suspended from practicing law in New York, where he was admitted to the bar in 1969.

The court ordered Giuliani to be “disbarred from the practice of law, effective immediately, and until the further order of this Court, and his name stricken from the roll of attorneys and counselors-at-law in the State of New York.”

Advertisement

A spokesman for Giuliani, a former U.S. attorney for the Southern District of New York, criticized the decision and said he would appeal it.

“Members of the legal community who respect the rule of law in this country should immediately come forward and speak out against this politically and ideologically corrupted decision,” the spokesman, Ted Goodman, said in a statement.

Giuliani said in a social media post that he was “not surprised” he was disbarred. He argued that the case against him was “based on an activist complaint, replete with false arguments.”

Giuliani could be disbarred in Washington, D.C., where he has also been suspended from practicing law.

Giuliani has faced a storm of legal problems over his leading role in Trump’s efforts to overturn his 2020 reelection defeat. He has been indicted on criminal charges in Georgia and Arizona over alleged schemes to subvert the 2020 election in each state. Last year, he was ordered to pay $148 million in a defamation lawsuit brought by two Georgia poll workers.

Advertisement

Giuliani filed for Chapter 11 bankruptcy in New York after the defamation case.

The decision Tuesday came from the First Judicial Department of the Appellate Division of the New York Supreme Court. The ruling found Giuliani “repeatedly and intentionally made false statements” about the 2020 election — “some of which were perjurious” — to courts, the public and state lawmakers.

“In so doing, respondent not only deliberately violated some of the most fundamental tenets of the legal profession, but he also actively contributed to the national strife that has followed the 2020 Presidential election, for which he is entirely unrepentant,” the ruling said.

John Catsimatidis, the owner of a New York radio station where Giuliani was abruptly taken off the air in May over his comments about the 2020 election, said in a text message to The Washington Post that the court’s decision was “very sad” for Giuliani.

Azi Paybarah contributed to this report.

Advertisement



Source link

Continue Reading

Trending