The Supreme Court on Friday made it harder to charge Capitol riot defendants with obstruction, a charge that also has been brought against former President Donald Trump.
The justices ruled 6-3 that the charge of obstructing an official proceeding, enacted in 2002 in response to the financial scandal that brought down Enron Corp., must include proof that defendants tried to tamper with or destroy documents. Only some of the people who violently attacked the Capitol on Jan. 6, 2021, fall into that category.
The decision could be used as fodder for claims by Trump and his Republican allies that the Justice Department has treated the Capitol riot defendants unfairly.
It’s unclear how the court’s decision will affect the case against Trump in Washington, although special counsel Jack Smith has said the charges faced by the former president would not be affected.
Okay, so absolutely any congressional proceeding can now be interrupted by protesters without them being thrown out, right? Because I’m not sure Republicans are going to like that.
Right. As long as you don’t fuck with their notes or commit other crimes, you can absolutely obstruct government proceedings. I wonder if they included SCOTUS trials…
No, because you’re still trespassing.
Trespassing on public property?
Yes. Public property doesn’t mean free access at all times. Even public parks are often closed at night.
And when do the public get this free access to congress?
I never said they did. But you can certainly take guided tours.
So it is a public space where it is always trespassing?
I never said it was a public space either.
But he led a conspiracy to certify fake electors. That required records. So we still got him, right?
