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The government’s case against many, if not most, of the January 6 defendants is in legal peril. Over 650 people have been criminally charged in connection with the riot at the Capitol on Jan. 6. The main charge against hundreds of these defendants is felony “obstruction” under 18 U.S.C. § 1512(c)(2) .
That statute provides: “Whoever corruptly … 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.” Most of the other charges against the Jan. 6 defendants involve misdemeanors sounding in trespass, vandalism and disorderly conduct for which the maximum sentence is one year imprisonment, thus making the obstruction charge the most serious by far.
Yet the Biden Department of Justice, in its facts-and-law-be-damned fervor to nail those on the political right to the wall, once again seemed to have overplayed its hand.
The obstruction charge on which the government is relying so heavily may, in fact, be unconstitutional as applied to the Jan. 6 defendants. Donovan Crowl
To understand why this is so, one need only look to the case of Donovan Crowl. Crowl, who according to papers filed by his attorney […]
Read the whole story at legalinsurrection.com
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