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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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A look at the roots (and routes) of immigration to Washington

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A look at the roots (and routes) of immigration to Washington


The Newsfeed

This week, the team brings you stories about how communities including Filipino immigrants, Sephardic Jews and Somalis arrived in the Pacific Northwest

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Each week on The Newsfeed, host Paris Jackson and a team of veteran journalists dive deep into one topic and provide impactful reporting, interviews and community insights from sources you can trust. Each day this week, this post will be updated with a new story from the team.

Group hopes to boost recognition for Seattle’s Filipinotown 



By Venice Buhain

The group Filipinotown Seattle hopes to make sure that the legacy of Filipino Americans in Seattle’s Chinatown-International District isn’t forgotten. 

One of the group’s current projects is pushing for a Filipinotown placemarking sign in the CID. 

“Filipino Americans have had a presence here for over 100 years in Seattle,” said Filipinotown Seattle Executive Director Devin Israel Cabanilla.  

He said that the signage is important to remind people that “the International District is not just Chinatown. Japantown. Filipinotown is here as well.” 

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The group held a poll on what signage might look like and where it might be located. It would be similar to the Chinatown sign on South Jackson Street and Fifth Avenue South, or the Wing Luke Museum  

In the early 20th century, the area now known as the CID was a hub full of businesses, entertainment, social groups and housing that served Seattle’s growing immigrant population from Asia and elsewhere. The communities all intermingled throughout the CID. 

“This area was a central place for Asian Pacific immigrants simply because of segregation,” Cabanilla said. 

Because the Philippines was a U.S. territory from 1898 to 1946, Filipino immigrants were unaffected by laws in the 1920s that restricted immigration from Japan or China. Many Filipinos came to study at the University of Washington or to work in burgeoning industries, like lumber, farming, canneries and factories.  

While the physical Filipino presence in terms of buildings and storefronts in the CID dwindled in the later 20th century with redevelopment, Seattle Filipinos and Filipino Americans continued to make impacts locally, regionally and nationally.  

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“It may not have been in terms of storefronts, but our presence has always existed in terms of politics, culture as well,” Cabanilla said. 

The Seattle Department of Transportation said it is aware that the group is working on its signage request, but the Department of Neighborhoods has not yet received a formal request. They are also working to develop a clearer process for this and other similar neighborhood signage proposals. 

Filipinotown Seattle said it hopes that the sign helps remind Seattle of the CID’s unique designation as a neighborhood shaped by many immigrants and migrants to Seattle. 

“Is it Chinatown? Is it Japantown? Is it Little Saigon? It’s all those things. And I think re cultivating that this is a multicultural district, Filipinotown is helping establish: Yes, it’s more than one thing,” Cabanilla said. 

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Venice Buhain

Venice Buhain is a multimedia journalist at Cascade PBS. She previously was the Cascade PBS’s associate news editor and education reporter. Venice has also worked for KING 5, The Seattle Globalist and TVW News.



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The Church of Jesus Christ has announced its 384th temple

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The Church of Jesus Christ has announced its 384th temple


The state of Washington is getting a seventh temple of The Church of Jesus Christ of Latter-day Saints.

The Marysville Washington Temple was announced Sunday night during a devotional in the Marysville Washington Stake by Elder Hugo E. Martinez, a General Authority Seventy in the church’s United States West Area Presidency.

“We are pleased to announce the construction of a temple in Marysville, Washington,” the First Presidency said in a statement. “The specific location and timing of the construction will be announced later. This is a reason for all of us to rejoice and express gratitude for such a significant blessing — one that will allow more frequent access to the ordinances, covenants and power that can only be found in the house of the Lord.”

The other temples in Washington are the Columbia River, Moses Lake, Seattle, Spokane, Tacoma and Vancouver temples.

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The church has 214 temples in operation. Plans for another 170 temples have been announced; many of those temples are in various stages of planning and construction.

Sunday’s temple announcement follows the new practice of the church’s First Presidency, which determines where temples will be built — and when and how they will be announced.

The First Presidency directed a General Authority Seventy to announce the first temple in Maine at a fireside there in December.

In January, church President Dallin H. Oaks said the Maine announcement set the pattern for future temple announcements.

“The best place to announce a temple is in that temple district,” he told the Deseret News.

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The First Presidency will continue to decide where future temples will be built. It then will “assign someone else to make the announcement in the place where the temple will be built,” he said.

This pattern came to him as a strong impression after he assumed leadership of the church in October, following the death of his friend, President Russell M. Nelson.

This came as a strong impression to him shortly after he assumed the leadership of the church, President Oaks said.

The church remains in the midst of an aggressive temple-building era. President Nelson announced 200 new temples from 2018 to 2025. All but one were announced at general conference.

Five dozen temples are now under construction.

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President Oaks now has overseen the announcement of two temples, neither at a general conference.

At the October conference he said that “with the large number of temples now in the very earliest phases of planning and construction, it is appropriate that we slow down the announcement of new temples.”

Ten new temples are scheduled to be dedicated in the next six months.

  • May 3: Davao Philippines Temple.
  • May 3: Lindon Utah Temple.
  • May 31: Bacolod Philippines Temple.
  • June 7: Yorba Linda California Temple.
  • June 7: Willamette Valley Oregon Temple.
  • Aug. 16: Belo Horizonte Brazil Temple.
  • Aug. 16: Cleveland Ohio Temple.
  • Aug. 30: Phnom Penh Cambodia Temple.
  • Oct. 11: Miraflores Guatemala City Guatemala Temple.
  • Oct. 18: Managua Nicaragua Temple.

Two-thirds of the 170 temples still to be built are outside the United States.

Temples are distinct from the meetinghouses where Latter-day Saints worship Jesus Christ each Sunday. Temples are closed on Sundays, but they open during the week as sanctuaries where church members go to find peace, make covenants with God and perform proxy ordinances for deceased relatives.



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Washington football displays depth, talent at first spring scrimmage

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Washington football displays depth, talent at first spring scrimmage


On a perfect day in Seattle for football, Washington took the field inside Husky Stadium for its first scrimmage of spring practice, and ahead of his third season at the helm, Jedd Fisch seemed pleased with the results.

“Guys played and competed their ass off,” he said after the Huskies ran 120 plays. “That’s the type of day we want to have…We have a lot to work on, but we’re excited that today gave us this opportunity.”

The 120 plays had a little bit of everything, but the biggest thing the Huskies showed during the day was that, despite the inexperience that Fisch’s coaching staff is looking to lean on at several positions, there’s plenty of talent littering the roster. The best example of that is sophomore safety Paul Mencke Jr., who had his best practice in a Husky uniform after Fisch announced on Saturday that senior CJ Christian is out for the year after suffering a torn Achilles tendon during Tuesday’s practice at the Virginia Mason Athletic Center.

“Paul’s done a great job of competing and being physical and playing fast, and you could see over these three years, he’s really grown into understanding now the system, and what’s asked of him as a safety,” Fisch said. “I think there’s a lot of in him that he wants to be like (safeties coach Taylor) Mays. He sees himself as a tall, linear, big hitter. So when you have your coach that is known for that type of play, I think Paul has done a great job.”

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Mencke was all over the field. Not only did he lay some big hits, just like his safeties coach did during his time at USC, but the former four-star recruit also tallied a pair of pass breakups, an interception in a 7-on-7 period, and multiple strong tackles to hold ball carriers to limited yards.

While the defense did a good job getting pressure throughout the day and making the quarterbacks hold the ball with different looks on the back end, with safety Alex McLaughlin, linebacker Donovan Robinson, and edge rusher Logan George all among the players credited for a sack, quarterback Demond Williams Jr. got an opportunity to show off how he’s improved ahead of his junior year.

Early on, he showed off his well-known speed and athleticism, making the correct decision on a read option, pulling the ball and scampering for a 25-yard gain before displaying his touch. Throughout the day, his favorite target was junior receiver Rashid Williams, whom he found on several layered throws of 15-plus yards in the various scrimmage periods of practice.

On a day when every able-bodied member of the team was able to get several reps of live action, here are some of the other noteworthy plays from the day.

Spring practice notebook

  • Freshman cornerback Jeron Jones was unable to participate in the scrimmage and was spotted working off to the side with the rest of the players rehabbing their injuries.
  • The running backs delivered a pair of big blows on the day. First, cornerback Emmanuel Karnley was on the receiving end of a big hit from redshirt freshman Quaid Carr before the former three-star recruit ripped off a 13-yard touchdown run on the next play. Later on, every player on offense had a lot of fun cheering on freshman Ansu Sanoe after he leveled Zaydrius Rainey-Sale, letting the sophomore linebacker hear all about it when the play was whistled dead.
  • Sophomore wide receiver Justice Williams put together a strong day with several contested catches, showing off his strong hands and 6-foot-4 frame, including a 25-yard catch and run off a drag route from backup quarterback Elijah Brown.
  • Of all the tackles for a loss the Huskies were able to rack up throughout the day, two stood out. First, junior defensive tackle Elinneus Davis burst through the middle of the line to wrap up freshman running back Brian Bonner. Later on, freshman outside linebacker Ramzak Fruean wasn’t even touched as he shot through a gap in the offensive line to track down a play from behind, letting the entire offensive sideline know about the play on his way back to his own bench.
  • The Huskies experimented with several defensive line combinations on Saturday, and for the first time this spring, it felt like freshman Derek Colman-Brusa took the majority of his reps alongside someone other than Davis, who he said has taken on an older brother role to help mentor the top-ranked in-state prospect in the 2026 class.

“Elinneus is a phenomenal guy. Great work ethic. He’s kind of taken on that older brother mentor for me. He’s been a great help just to learn plays and learn the scheme. Can’t say enough good things about the guy.”

  • Ball State transfer Darin Conley took a handful of reps with the first team, while rotating with Colman-Brusa, who got a lot of work in alongside Sacramento State transfer DeSean Watts.



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