BUCKNACKT'S SORDID TAWDRY BLOG We should not be a journey to the grave with the intention of arriving safely in an attractive & well preserved body, but rather to skid in sideways, chocolate, bier or wein in hand, body thoroughly used up, totally worn out and screaming "WHOO-HOO, WHAT A RIDE!!!!!!"
JESSE WELLES is amazing and so very needed for times like these!
THIS is banned books week, the week neo-nazi fascist right wing "religious" extremist like moms for liberty channel hitler, himmler, goring, goebbels and other nazis to boost their campaign to destroy our democratic Republic by controlling what we and the children of America are able to read. Along with the usual list, despite hearing about novels such The Handmaid's Tale, This Book Is Gay, The Bluest Eye, All Boys Aren't Blue, and Nineteen Minutes being banned, the most frequently banned book of all time is George Orwell's 1984. The right-wing conservatives have hated this book so much because it depicts much of their agenda. moms for liberty is putting forth and supporting candidates for library boards and school boards across the country. Do some research and expose these candidates and work to make sure they are not elected. Remember the words of German author and playwright Heinrich Heine's 1821 play 'Almansor', "Das war ein Vorspiel nur, dort wo man Bücher verbrennt, verbrennt man am Ende auch Menschen." ("That was but a prelude; where they burn books, they will ultimately burn people also.") Heine wrote a prophetic warning of the degradation of German society in his 'The History Of Religion And Philosophy In Germany' in 1834, 99 years before hitler and the nazi party took power in 1933.
IF donald drumpf / trump is elected (NOT MY) president again he will no doubt pardon or commute or do whatever he can to free and exonerate all the traitors, the neo-nazi fascist who have been tried and convicted for their roles in the treasonous 6 JAN 21 insurrection he instigated. The supreme court looses all credibility with this ruling. Our democratic Republic is on the verge of being destroyed from the inside due to the voluntary ignorance about drumpf / trump and the acceptance of his deception and propaganda by the American electorate just as the Weimar Republic was destroyed from the inside due to the voluntary ignorance of the German electorate about hitler and their acceptance of his deception and propaganda. From the Washington Post.....
Hundreds have been charged with felony obstruction, among other counts, for their role in the 2021 attack on the U.S. Capitol
Federal prosecutors improperly charged a Jan. 6 defendant with obstruction, the Supreme Court ruled on Friday, a decision that will likely upend many cases against rioters who disrupted the certification of the 2020 presidential election and which Donald Trump’s legal team may use to try to whittle down one of his criminal cases.
After the Jan. 6, 2021 attack on the Capitol, federal prosecutors charged more than 350 participants in the pro-Trump mob with obstructing or impeding an official proceeding. The charge carries a 20-year maximum penalty and is part of a law enacted after the exposure of massive fraud and shredding of documents during the collapse of the energy giant Enron.
Writing for the majority, Chief Justice John G. Roberts Jr. said prosecutors’ broad reading of the statute gives them too much discretion to seek a 20-year maximum sentence "for acts Congress saw fit to punish only with far shorter terms of imprisonment.”
It wasn’t immediately clear what impact that decision may have on the pending case against Trump, the former president and presumptive Republican challenger to President Biden, for allegedly conspiring to obstruct the 2020 election results. Special counsel Jack Smith, who brought the case against Trump, has previously argued that even if the Supreme Court ruled in this direction, the criminal charges against Trump would still stand. Two of the four charges Trump faces are based on the obstruction statute at issue in the court’s decision.
Trump’s lawyers have filed a host of legal arguments seeking to get those charges thrown out of court, and it remains to be seen if they will try to use the Fischer v. United States decision to further those efforts. A Trump spokesman did not immediately comment on Friday’s ruling, but Trump posted “BIG WIN!” on social media shortly after the 6-3 decision was issued.
Attorney General Merrick Garland said he was disappointed with the ruling but insisted it was not a body blow to the overall investigation and prosecution of the riot at the U.S. Capitol.
“January 6 was an unprecedented attack on the cornerstone of our system of government — the peaceful transfer of power from one administration to the next," Garland said in a written statement.
“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,” he added, noting that not a single Jan. 6 defendant was charged solely with the crime at issue in the Fischer case. “For the cases affected by today’s decision, the Department will take appropriate steps to comply with the Court’s ruling.”
Decision author
Joined the majority
Dissented
LIBERAL BLOC
CONSERVATIVE BLOC
Sotomayor
Jackson
Kagan
Roberts
Kavanaugh
Barrett
Gorsuch
Alito
Thomas
To use the obstruction statute, Roberts wrote in the decision, prosecutors must establish that a defendant “impaired the availability or integrity” of records, documents or other objects used in an official proceeding.
In dissent, Justice Amy Coney Barrett — joined by Justices Sonia Sotomayor and Elena Kagan — said the court’s reading of the obstruction statute is too limited and requires the majority to do “textual backflips to find some way — any way — to narrow the reach” of the law.
Justice Ketanji Brown Jackson, a liberal former public defender, joined the the five conservatives who made up the rest of majority but wrote separately, saying “there is no indication whatsoever that Congress intended to create a sweeping, all-purpose obstruction statute.”
She noted, however, that the charges facing Fischer and other Jan. 6 defendants may still withstand legal challenges if the Justice Department can show in additional court proceedings that they interfered with records or documents used to count electoral votes.
The defendants most likely to be significantly affected by the decision are those for whom the obstruction count was their only felony conviction or charge, with their other counts limited to misdemeanors. About 27 rioters are serving time in prison for only this felony. About 110 more are awaiting trial or sentencing, according to prosecutors. Some rioters who have challenged their sentences based on the argument made in Fischer have already been granted early release.
But nearly 80 percent of the 1,400 people charged in the attack on the Capitol were not charged with obstructing the proceeding. Most were charged with trespassing federal property and assaulting or resisting a law enforcement officer. Prosecutors reserved the obstruction charge for defendants accused of knowingly and intentionally attempting to stop Congress from certifying the election and formalizing the transfer of presidential power.
More broadly, the Supreme Court’s decision will affect which tools prosecutors have to charge anyone who tries to disrupt a government proceeding through protest that turns violent. The ruling is consistent with a trend in recent years in which the high court has narrowed prosecutorial discretion in certain criminal cases because of concerns about over-criminalization.
The challenge to the obstruction charge was brought by Joseph W. Fischer, an off-duty Pennsylvania police officer who attended the “Stop the Steal” rally on Jan. 6 and faces other charges in addition to obstruction, including assaulting a federal officer in the police line outside the Capitol.
Defense lawyers said prosecutors overreached by charging rioters with a crime that is limited to conduct that destroys or tampers with evidence sought by investigators. The government’s broad application of the statute, the lawyers said, would allow prosecutors to target protesters or lobbyists who disrupt congressional committees.
