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the official new supreme court thread - Very political

 
im not sure which Tunnels thread i dread being bumped most
Well with other fuckery there’s the chance people can be voted out of office or not hold the majority. With this thread we’re stuck with whatever bullshit SCOTUS gives us and there’s nothing anyone can do about it.
 
didn't the J6 people carry out the literal definition of obstructing Congress?
You and most everyone else, including most judges would think so. However, 6 Justices on the Supreme Court are likely to say that the text of the law was meant to punish evidence tampering (it was passed after Enron) and shouldn't be used for what the rioters did. Since over 100 rioters have already been convicted of this law, they will likely most be resentenced and let out of jail for time served.
 
You and most everyone else, including most judges would think so. However, 6 Justices on the Supreme Court are likely to say that the text of the law was meant to punish evidence tampering (it was passed after Enron) and shouldn't be used for what the rioters did. Since over 100 rioters have already been convicted of this law, they will likely most be resentenced and let out of jail for time served.
seems like freeing the J6 hostages is a big platform of Trump's it's gonna steal his thunder before the election
 
@Donkey Deac Doug I'd love to hear your thoughts on Fischer vs US?
Oral argument was interesting, but I think trying to read tea leaves from OA is a perfect example of: "those who live by the crystal ball best learn how to eat glass."

There's an opportunity for the Court to address "corruptly." This issue was litigated extensively at the district court level. It's a good argument. The DOJ doesn't really need 1512 for most of these prosecutions though. The 231s, 111s, and 1752s are enough.

Moreover, it feels like the VAST majority of the J6 cases are already through the pipeline and, while there will be those who benefit from 1512 being knocked out, it's going to be a hollow victory for like 80% of those impacted. They will have either already served their time or will have another felony offense that supports their sentence.

The real folks on pins and needles are the DC District Court Judges. They are looking at this decision thinking, "motherfuckin' SCOTUS, if you fuck us on this, it's going to cause SO MUCH WORK." DCD is already totally fucking swamped. It was a district that pushed like 200 criminal cases a year, and then in 2021, the DOJ was like, "...hey. Psst. Hey Judges. Hey. Pssst. We're going prosecute by Indictment an extra 1,400 people in the next 2.5 years. hthxoxo kthxbai."

The number of procedrual mechanisms that just straight up didn't work was kinda interesting to watch.

Like, the bail reform act is what governs pre-trial release. Early on, the DCD was like, "ok, we're not having all these detention hearings. DOJ, come up with a process that lets us batch these people through the system." So they came up with this system where they let 95% of people go, but just added a pretrial condition of, "you can't come back to DC unless it's for court." It was a very coarse way to comply with the BRA.

What'll be interesting to see is what happens as the J6 prosecutions taper off. It'll be like a gargantuan dick sliding out of an overused butthole that's lost it's plasticity. I have no idea how they are going to shed all of the soon-to-be-unnecessary stretched out government employee flesh. For example, DOJ hired a legion of temporary AUSAs. No idea what happens to them afterward.
 
Don’t worry. There’s another election coming up and I’m sure there will be some political violence.
 
Oral argument was interesting, but I think trying to read tea leaves from OA is a perfect example of: "those who live by the crystal ball best learn how to eat glass."

There's an opportunity for the Court to address "corruptly." This issue was litigated extensively at the district court level. It's a good argument. The DOJ doesn't really need 1512 for most of these prosecutions though. The 231s, 111s, and 1752s are enough.

Moreover, it feels like the VAST majority of the J6 cases are already through the pipeline and, while there will be those who benefit from 1512 being knocked out, it's going to be a hollow victory for like 80% of those impacted. They will have either already served their time or will have another felony offense that supports their sentence.

The real folks on pins and needles are the DC District Court Judges. They are looking at this decision thinking, "motherfuckin' SCOTUS, if you fuck us on this, it's going to cause SO MUCH WORK." DCD is already totally fucking swamped. It was a district that pushed like 200 criminal cases a year, and then in 2021, the DOJ was like, "...hey. Psst. Hey Judges. Hey. Pssst. We're going prosecute by Indictment an extra 1,400 people in the next 2.5 years. hthxoxo kthxbai."

The number of procedrual mechanisms that just straight up didn't work was kinda interesting to watch.

Like, the bail reform act is what governs pre-trial release. Early on, the DCD was like, "ok, we're not having all these detention hearings. DOJ, come up with a process that lets us batch these people through the system." So they came up with this system where they let 95% of people go, but just added a pretrial condition of, "you can't come back to DC unless it's for court." It was a very coarse way to comply with the BRA.

What'll be interesting to see is what happens as the J6 prosecutions taper off. It'll be like a gargantuan dick sliding out of an overused butthole that's lost it's plasticity. I have no idea how they are going to shed all of the soon-to-be-unnecessary stretched out government employee flesh. For example, DOJ hired a legion of temporary AUSAs. No idea what happens to them afterward.
Do you think 1512 (c) (2) only applies to evidence tampering though? To me that seems to be such a narrow reading. If the drafters wanted it to be just evidence, they could have left it at that, but that's not what it says.
 
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