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"whatever", says SCOTUS - Printable Version

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"whatever", says SCOTUS - Fritz - 04-17-2024

Supreme Court gives skeptical eye to key statute used to prosecute Jan. 6 rioters


Re: "whatever", says SCOTUS - Acer - 04-17-2024

"But Fischer's lawyer, Jeffrey Green, seemed to have a willing audience in the court's six conservative members. "

Quelle surprise.


Re: "whatever", says SCOTUS - Tiangou - 04-17-2024

FYI:

18 U.S. Code 1512 - Tampering with a witness, victim, or an informant

© 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 objects 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.

(d) Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from-

(1) attending or testifying in an official proceeding;

(2) reporting to a law enforcement officer or judge of the United States the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings;

(3) arresting or seeking the arrest of another person in connection with a Federal offense; or

(4) causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or assisting in such prosecution or proceeding;
or attempts to do so, shall be fined under this title or imprisoned not more than 3 years, or both.

(e) In a prosecution for an offense under this section, it is an affirmative defense, as to which the defendant has the burden of proof by a preponderance of the evidence, that the conduct consisted solely of lawful conduct and that the defendants sole intention was to encourage, induce, or cause the other person to testify truthfully.


There is no history provided to show the legislative intent of section ©.


Re: "whatever", says SCOTUS - Harbourmaster - 04-17-2024

There may be no history but this language is pretty clear ... at least it should be to anyone that can read english.

"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."


Re: "whatever", says SCOTUS - Fritz - 04-17-2024

There was this one president who said...
"It all depends what your definition of is is."


Re: "whatever", says SCOTUS - pdq - 04-18-2024

That, as I undestand it, was Tuesday. On Monday, the SCOTUS was also hearing cases, and Thomas was missing:

Thomas, 75, also was not participating remotely in arguments, as justices sometimes do when they are ill or otherwise can’t be there in person.

Chief Justice John Roberts announced Thomas’ absence, saying that his colleague would still participate in the day’s cases, based on the briefs and transcripts of the arguments. The court sometimes, but not always, says when a justice is out sick.

Maybe he was out RV’ing?