Jan. 6 Protesters Have Actually Been Charged And Jailed For Violating An Old Corporate Fraud Statute Regarding Evidence Tampering
Using a law to break the law by "statute shopping" for the most serious punishment for an alleged offense
The Department of Justice has been engaged in a revolution totally changing the USA’s criminal justice system by vastly reinterpreting old laws. If the Biden DOJ’s adventurism is allowed to stand, it will permanently change the ability of the government to suppress the rights of American citizens. Every American will be at the whim of any prosecutor to terrorize them. - Legal researcher Jonathon Moseley
In a recent post I wrote about public officials pretending to act in their official legal capacity by using the law to break law which is called “acting under color of law”:
Using The Law To Break The Law
Not until I went into the churches of America and heard her pulpits flame with righteousness did I understand the secret of her genius and power. America is great because America is good, and if America ever ceases to be good, America will cease to be great. - Alexis de Tocqueville
Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United Staes.
I came across this story and was astounded at the actions by the alleged Department of Justice. Jan. 6 defendant’s cases hopefully, finally, will get in front of the Supreme Court:
“Challenges to Jan. 6 Obstruction of Congress Prosecutions Pile Up at US Supreme Court”
Courtesy: THE EPOCH TIMES by Joseph M. Hanneman:
The evidence-tampering statute being used by the U.S. Department of Justice to prosecute hundreds of Jan. 6 defendants is unconstitutionally broad, interferes with First Amendment free speech, and has left prosecutors with “unbridled, standardless discretion to effectively make up their own law,” a new Supreme Court filing argues.
The High Court is considering whether to take up a challenge to the use of the law brought by Jan. 6 defendant Edward Jacob Lang, 28, of New York.
Most of the judges in the U.S. District Court in Washington D.C. have agreed with the DOJ’s use of §1512(c)(2). Judge Carl J. Nichols disagreed, throwing out the charge in two Jan. 6 cases within eight days in March 2022 and dismissing the charge against Mr. Lang on June 7, 2022.
The §1512 language is meant to prevent tampering or destruction of documents and records, and not alleged attempts to derail certification of the presidential election results, according to Judge Nichols.
The DOJ appealed those rulings before trial, giving defendants the standing to immediately challenge the DOJ's use of the law.
On Aug. 30 an amici curiae brief or “friend of the court brief”; a person or group who is not a party to an action, but has a strong interest in the matter; was filed by attorneys for three Jan. 6 defendants—Christopher J. Warnagiris, 43, Christopher J. Carnell, 21, and William Robert Norwood III, 40.
On Sept. 29, an amicus curiae brief was filed by the FormerFedsGroup Freedom Foundation by attorneys Thomas Renz,
and Bradford Geyer in a 61-page brief, that is an insightful and masterful dissection of the DOJ abomination of law and I urge you to read it.the co-opted evidence-tampering law—18 U.S. Code §1512(c)(2)—“means whatever a creative prosecutor lacking caution wishes it to mean.” - Attorneys Thomas Renz and Bradford Geyer
The Department of Justice “statute shopped” a similar sounding charge with a much more severe penalty
Incredibly and outrageously the Department of Justice is using a part of the 2002 Sarbanes-Oxley Act approved by Congress in reaction to the accounting scandals at major corporations, including Enron, WorldCom, and Tyco International. The law was intended to prevent corporate fraud and improve auditing and financial disclosures.
Edward Jacob Lang, and at least 317 other defendants including former President Donald Trump have been charged with corruptly obstructing an official proceeding using this statute contained in the act:
18 U.S. Code §1512(c)(2)-
Whoever corruptly- (1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object's integrity or availability for use in an official proceeding; or (2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.
Jan. 6 defense attorneys were horrified and confused how their clients were being charged with an unrelated statute that carries a 20-year sentence.
From the Thomas Renz and Bradford Geyer amicus brief
There are laws that govern conduct at the U.S. Capital in 40 U.S. Code §5101 to §5109
Title 40 U.S. Code §5104 prohibits “utter[ing] loud, threatening, or abusive language, or engag[ing] in disorderly or disruptive conduct, at any place in the grounds or in any of the Capitol Buildings with the intent to impede, disrupt, or disturb the orderly conduct of a session of Congress or either House of Congress, or the orderly conduct in that building of a hearing before, or any deliberations of, a committee of Congress or either House of Congress.”
That statute does not use the term “corruptly” and carries a maximum penalty of six months in jail.
None of the laws punishable by only 6 months in jail for a Class C Misdemeanor use the term “corruptly”.
“Corruptly” means 18 U.S. Code §1512(c)(2) is not about the U.S. Capital or Congressional procedures.
"18 U.S.C §1512(c)(2) is unconstitutional in violation of the First Amendment to the U.S. Constitution in that the statute imposes up to 20 years in prison for one who '(2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so' corruptly," he said.
"The inexplicable inclusion of 'influences' violates the First Amendment right to petition the government for the redress of grievances and free speech."
Uneven application
“In 2018, protestors obstructed the U.S. Senate Judiciary Committee and physically took over the Hart Senate Office Building to try to stop the confirmation of Brett Kavanaugh to the U.S. Supreme Court,” Mr. Renz wrote. “They were mostly released in about five hours on $50 bond, later dropped.
“In May to June 2020, rioters laid siege to the White House. Apparently, more law enforcement officers were injured in the assault on the White House than on January 6, 2021,” the new brief reads.
“The only guiding principle appears to be whether a protester agrees with government messages,” Mr. Renz wrote.
More abuses of law in the already long list committed by the Department of Justice and the FBI
Justice Barrett has been exceedingly critical of the Department of Justice in general and the Federal Bureau of Investigations in particular in recent months, highlighting their efforts to target Catholics as potential "domestic terrorists." The FBI was not pleased by this. - JD Rucker
The FBI monitoring MAGA supporters prior to 2024 election
Courtesy: The National Pulse by Jake Welch:
The Federal Bureau of Investigations (FBI) is weaponizing its resources to monitor supporters of former President Donald Trump, even creating a “distinct category of domestic violent terrorists” to target MAGA loyalists based on their political views.
After January 6th, the FBI changed its definition of “anti-government, anti-authority violent extremism,” known as AGAAVE from the attempt to further “ideological agendas” to “furtherance of political and/or social agendas,” which allowed Trump supporters to be labeled a potential domestic terrorist threat due to their politics alone.
The FBI then went further by creating AGAAVE-other to target those considered a threat but did not fall within the definition of its anarchist, militia, or Sovereign Citizen groups. The alteration was implemented without a formal announcement in October 2022 and was given the vague definition of “domestic violent extremists who cite anti-government or anti-authority motivations for violence or criminal activity not otherwise defined…”
“FBI Stops By Antifa Riot To Ask If They’ve Seen Any Dangerous MAGA Around”
LOS ANGELES — According to sources, federal agents confronted a group of Antifa rioters who were in the middle of burning down a courthouse so they could ask them if they'd seen any dangerous MAGA around.
"Hey friends, you see any of them dangerous MAGA around?" a special agent later identified as David Friedkin reportedly asked while attempting to shield his face from the blaze. "It is imperative that we find them before they do something dangerous like calmly walk inside a federal building or vote for the wrong presidential candidate."
Witnesses claim one of the Antifa rioters was kind enough to stop throwing Molotov cocktails so he could answer. "Well golly gee wiz, mister! No MAGA types here, but that sure does sound dangerous!"
"But we've been pretty busy burning down this building. Buildings don't burn themselves!" the loveable scamp added.
"Thank you, citizen," the agent allegedly said before running across the street to assault a bystander who was wearing a red hat.
Federal authorities are asking all American citizens to be on the lookout for dangerous MAGA extremists. If you suspect someone of being a MAGA, please contact the authorities immediately, or at least throw Molotov cocktails at them.
The best satire is the closest to the truth. The Babylon Bee has a knack for being spot on!
We are certainly in dangerous times. It is not too late to turn things around.
sounds like a hillary move…. 30,000 times
You knew this government was evil, but the lengths to which the Injustice System is going to to persecute people who stand up to oppose them is shocking.