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

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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:

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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.)

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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.

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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.



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When does No. 1 Oregon football play Washington? Kickoff time set for Ducks vs. Huskies

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When does No. 1 Oregon football play Washington? Kickoff time set for Ducks vs. Huskies


The No. 1 Oregon football team will look to wrap its regular season with a perfect record against rival Washington next Saturday at home for senior night.

The Ducks (11-0, 8-0 Big Ten) are the only unbeaten team left in the Big Ten and could get some revenge against the Huskies (6-5, 4-4 Big Ten) at 4:30 p.m. Saturday, Nov. 30 from Autzen Stadium.

The game will air on NBC.

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Oregon coach Dan Lanning will be looking for his first win against the Huskies as head coach, having lost all three matchups in the last two seasons against UW.

The Washington team in 2024 is a far cry from what it was in 2022 and 2023, with first-year head coach Jedd Fisch replacing Kalen DeBoer (now at Alabama) and guiding Washington to a 6-5 record.

The Ducks have already qualified for the Big Ten Championship game, set to be played the following Saturday, Dec. 7.

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Alec Dietz covers University of Oregon football, volleyball, women’s basketball and baseball for The Register-Guard. You may reach him at adietz@registerguard.com and you can follow him on X @AlecDietz.





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Bellevue vs. Kennewick: Live score, updates of Washington high school football quarterfinals (11/23/2024)

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Bellevue vs. Kennewick: Live score, updates of Washington high school football quarterfinals (11/23/2024)


If there is one team that relishes the opportunity to go toe-to-toe with reigning Class 3A champion Bellevue, it is the Kennewick Lions.

They played the Wolverines tough, losing a close 2021 state championship game.

The two programs meet in a rematch at 3 p.m. Pacific time in a WIAA Class 3A quarterfinal game at Belleve High School. A live feed is available on NFHS Network (subscription only).

SBLive is tracking scores across the state of Washington through Week 12. Stay with us for the latest score and game updates from pregame to teardown. Refresh this post and scroll down for the latest.

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PRE-GAME: BELLEVUE VS. KENNEWICK

FIRST QUARTER

Updates provided when play starts.

About Bellevue

Key players— RB Max Jones, OL/DL Demetri Manning, RB/LB Ryken Moon, DL Johnny O’Connor, RB/DB Bryce Smith

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About Kennewick

Key players— OL Jose Cadenas, RB Canaan Hays, DL Tanner Larson, LB Cooper Neer, RB Alex Roberts

WEEK 12 WASHINGTON HIGH SCHOOL FOOTBALL PLAYOFF PRIMER

DOWNLOAD THE SBLIVE APP

To get live updates on your phone – as well as follow your favorite teams and top games – you can download the SBLive Sports app: Download iPhone App | Download Android App

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Oregon State vs. Washington State channel, time, schedule, live stream to watch Saturday college football game | Sporting News

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Oregon State vs. Washington State channel, time, schedule, live stream to watch Saturday college football game | Sporting News


The stakes couldn’t be higher as Washington State and Oregon State clash on Saturday with the Pac-12 Championship on the line.

The Beavers are licking their wounds after suffering their first shutout loss in nearly a decade, while the Cougars are reeling from a shocking 38-35 defeat at New Mexico. That loss not only dashed Washington State’s College Football Playoff dreams but also overshadowed an incredible outing by quarterback John Mateer.

Washington State holds the upper hand historically, leading the series 57-48-3. In last year’s matchup, the Cougars fended off a wild fourth-quarter comeback by OSU to secure a 38-35 win in Pullman.

Here is everything you need to know about Oregon State vs. Washington State, including TV and streaming options for the game.

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Where to watch Oregon State vs. Washington State today: TV channel, live stream

  • TV channel: The CW 
  • Live stream: Fubo

Oregon State vs. Washington State will air nationally on The CW, with Ted Robinson (play-by-play) and Ryan Leaf (analyst) on the call.

Viewers can stream the game on Fubo, which offers a free trial to first-time users. 

For a limited time, Fubo is offering the first month for as low as $59.99, a $20 savings. Stream ESPN, ABC, CBS, Fox, NBC and 200+ top channels of live TV and sports without cable. (Participating plans only. Taxes and fees may apply.)

Oregon State vs. Washington State start time

  • Date: Saturday, Nov. 23
  • Time: 7 p.m. ET | 5 p.m. MT | 4 p.m. PT

Oregon State vs. Washington State will kick off at 7 p.m. ET on Saturday, Nov. 23. The game will be played at Reser Stadium in Corvallis, Oregon.

Oregon State football schedule 2024

Date Game Time (ET)
Aug. 31 Oregon State 38, Idaho State 15
Sept. 7 Oregon State 21, SDSU 0
Sept. 14 Oregon State 15,  Oregon 49
Sept. 21 Oregon State 38, Purdue 21
Oct. 5 Oregon State 39, Colorado State 31
Oct. 12 Nevada 42, Oregon State 37
Oct. 19 Oregon State 25, UNLV 33
Oct. 26 Cal 44, Oregon State 7
Nov. 9 Oregon State 13, San Jose State 24
Nov. 16 Air Force 28, Oregon State 0
Nov. 23 vs. Washington State 7 p.m.
Nov. 29 at Boise State 12 p.m. 

Washington State football schedule 2024

Date Game Time (ET)
Aug. 31 Washington State 70, Portland State 30
Sept. 7 Washington State 37, Texas Tech 16
Sept. 14 Washington State 24, Washington 19
Sept. 20 Washington State 54, San Jose State 52
Sept. 28 Boise State 45, Washington State 24
Oct. 12 Fresno State 17, Washington State 25
Oct. 19 Washington State 42, Hawaii 10
Oct. 26 San Diego State 26, Washington State 29
Nov. 9 Washington State 49, Utah State 28
Nov. 16 New Mexico 38, Washington State 35
Nov. 23 at Oregon State 7:00 p.m.
Nov. 30 vs. Wyoming 6:30 p.m.

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