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: Outcome of Proud Boys Trial Could Decide Trump’s Fate

Of the hundreds of video clips used as evidence in the marathon trial of five members of the Proud Boys, prosecutors began closing arguments not with a clip of the defendants engaged in criminal activity but with a clip of Donald Trump.

The government showed the jury a portion of the September 2020 presidential debate; goaded by Joe Biden and then-Fox News host Chris Wallace to condemn “white supremacists and militia groups” in an effort to downplay Black Lives Matter and Antifa violence, Trump asked them to “give me a name.” Biden quickly answered, “the Proud Boys.”

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DOJ Attorneys Improperly Introduced Evidence in Landmark January 6 Trial, Lawyer Says

Department of Justice (DOJ) lawyers improperly brought forward new pieces of footage as evidence during a Jan. 6 defendant’s cross-examination at trial, without giving the defense enough time to review them, the defendant’s attorney alleged Thursday.

Zachary Rehl testified between April 11 and Tuesday in his ongoing trial with other former Proud Boys members for allegedly conspiring to oppose the January 2021 transfer of presidential power, along with related charges. Minutes before cross-examining Rehl Monday, the government revealed two U.S. Capitol CCTV videos, a body camera clip and an open source video, using the last one to question Rehl without immediately admitting they received it recently from a yet-unidentified source, Rehl’s attorney Carmen Hernandez said in a Thursday court filing.

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Commentary: Informants Everywhere

After nine weeks of testimony from multiple government witnesses, including FBI agents, the Justice Department finally concluded its case-in-chief in the Proud Boys’ seditious conspiracy trial on Monday.

Five Proud Boys, including the group’s leader, Enrique Tarrio, are accused of conspiring to “oppose the lawful transfer of presidential power by force” on January 6, 2021. It is Attorney General Merrick Garland’s most consequential case related to January 6; convictions will help build a similar case against Donald Trump largely based on his infamous “stand back and stand by” remark to the Proud Boys during an October 2020 presidential debate.

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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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FBI Had Up to Eight Informants in Proud Boys on January 6, Court Docs Show

The FBI had up to eight informants within the Proud Boys in the months surrounding the Jan. 6 Capitol riot, recent court filings suggest, according to The New York Times.

Defense attorneys for former Proud Boys leader Enrique Tarrio and four members of the group, who are scheduled to stand trial in December for seditious conspiracy and other charges related to Jan. 6, filed court documents in the past several days revealing the informants’ presence in the Proud Boys’ ranks, the outlet reported. The defense contended that the prosecution had, until recently, improperly withheld some information the government received from the informants that was favorable to the accused.

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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: Justice Department Colludes with Congress to Bolster the ‘Insurrection’ Narrative

This week produced yet another example of the shameless collaboration between the U.S. Department of Justice, the Democratic Party, and the national news media to destroy Donald Trump and everyone around him. The ink was barely dry on the not guilty verdict for Michael Sussmann, just one of many figures who acted as a pass-through between Hillary Clinton’s 2016 presidential campaign and the FBI to manufacture the Russia collusion hoax, before the same players were up to their old tricks.

Members of the January 6 select committee blanketed the Sunday news programs last weekend promising bombshell revelations would shake the nation during a primetime hearing Thursday night. Representative Liz Cheney (R-Wyo.) told CBS News’ Robert Costa the committee would present findings to show an “extremely broad . . . extremely well-organized” conspiracy to overthrow the government that day. What the committee uncovered related to the alleged conspiracy, Cheney warned, is “really chilling.’

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