Commentary: Is SCOTUS Poised to Overturn Key J6 Felony Count?

An order published by the Supreme Court on December 13 represented a moment hundreds of January 6 defendants and their loved ones had been waiting for: the highest court granted a writ of certiorari petition in the case of Fischer v. USA.

In a nutshell, after more than two years of litigation before federal judges in Washington, SCOTUS will review the Department of Justice’s use of 1512(c)(2), obstruction of an official proceeding, in January 6 cases. A “splintered” 2-1 appellate court ruling issued in April just barely endorsed the DOJ’s unprecedented interpretation of the statute, passed in 2002 as part of the Sarbanes-Oxley Act in the aftermath of the Enron/Arthur Anderson accounting scandal.

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Commentary: January 6 Supporters Set Their Focus on Trump

In 2002, David Frum, chief speechwriter for President George W. Bush, coined the phrase “axis of evil” to describe the despotic regimes of North Korea, Iran, and Iraq during the nascent stages of the global war on terror.

Today, Frum is warning the country about a different axis of evil that he believes similarly threatens the security of America and perhaps even the world: Donald Trump, the Oath Keepers, and the Proud Boys.

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Commentary: Oath Keepers Verdict Is a Dangerous Escalation in Criminalizing Dissent

One year after the events of January 6—despite their best efforts—federal prosecutors still hadn’t filed a single criminal charge that came anything close to resembling “insurrection” or domestic terrorism. Democrats and regime media were agitated: How could they continue promoting the four-hour disturbance as an attempted coup if the most prevalent offense charged by the Department of Justice a year later was the petty misdemeanor of “parading” in the Capitol? Even the chief judge for the D.C. district court overseeing each January 6 case had publicly expressed her frustration that the government wasn’t producing harsher indictments against Trump supporters.

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Commentary: Feds Had Informants in Proud Boys and Oath Keepers for January 6

If Republicans eke out a win in the House of Representatives—which now seems likely—GOP leaders have promised to investigate numerous government scandals, including the irredeemably corrupt Federal Bureau of Investigation. One path of inquiry is how the bureau manufactures data to promote the phony narrative that “domestic violent extremists,” i.e., supporters of Donald Trump, pose a security threat to the country.

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Commentary: Time to Investigate the FBI’s Confidential Human Sources Program

To the surprise of no one paying attention, the Department of Justice recently acknowledged the use of several FBI informants in its investigation of the Oath Keepers, an alleged militia group tied to the events of January 6. 

Prosecutors last week asked for a protective order to conceal from jurors information about confidential human sources (CHS) expected to testify during the seditious conspiracy trial of five members of the Oath Keepers; jury selection is now underway. Not only does the government want to prevent defense attorneys from asking personal questions that could reveal the informants’ identities but prosecutors don’t want the sources to publicly disclose any involvement in past or pending criminal investigations or details of “the FBI’s CHS program and the training and methods used by the FBI as part of their undercover operations.”

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Commentary: The Unidentified and Uncharged Instigator in the Oath Keepers Case

The long-awaited trial of the most high-profile January 6 case will begin later this month. Five members of the Oath Keepers, an alleged “militia” group involved in the Capitol protest, face charges of seditious conspiracy and other serious felonies. It is the first trial in a multi-defendant prosecution that has dominated the attention of the Department of Justice, the January 6 select committee, and the national news media.

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Julie Kelly Commentary: It’s Inevitable, Trump Will Be Indicted

A few days after federal agents stormed Donald Trump’s castle in Palm Beach last week, Judge Beryl Howell berated a man from Georgia for his involvement in the Capitol protest on January 6, 2021.

“Listening without question to political rhetoric that leads to serious offenses, criminal conduct, is not an excuse when you’re standing in a court of law,” Howell told Glen Simon, a Trump supporter who pleaded guilty to disorderly conduct on restricted grounds. “You’ve got to use your common sense and your own sense of who you are and how you’d like to conduct yourself as an American citizen before just blindly doing what a political figure says.”

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Commentary: The New York Times Reveals FBI Role in January 6

The New York Times often acts as the spin cycle for the Democrats’ dirty laundry. For years, Times reporters have helped get ahead of damning news, especially when it’s related to the Russian collusion hoax, in an attempt to establish the narrative early.

A recent example is the Times article downplaying the pending indictment against Michael Sussman, the Clinton campaign lawyer who acted in cahoots with the FBI to seed the collusion tale before the 2016 election. The article was published the day before Sussman pleaded not guilty of lying to the FBI.

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