Long article but great analysis. Pray for the SC, this may reverse some damage of 2020 election.1/3

What If SCOTUS Tosses a Key January 6 Felony?

The highest court could decide by the end of the month to take up DOJ's use of 1512(c)(2), the most common felony in J6 cases and one of Special Counsel Jack Smith's counts against Donald Trump.

JULIE KELLY

OCT 13, 2023

A nonstop flurry of motions and orders now clutters the court docket for USA v. Trump, Special Counsel Jack Smith’s case against the former president related to the events of January 6.

Smith, at least for appearances, is driving hard toward the March 2024 trial date set by U.S. District Court Judge Tanya Chutkan. Next week should produce plenty of fireworks as both sides argue over a proposed gag order to silence Trump, his campaign, and his lawyers.

But Smith is up against another deadline, one that could prove fatal to one of four counts in his meandering 45-page indictment: a petition pending before the Supreme Court to overturn the application of 1512(c)(2), obstruction of an official proceeding, in January 6 cases.

More than 300 individuals, including Trump, have been indicted on that count for their alleged role in delaying the certification of the 2020 election on January 6. Dozens have pleaded guilty or been found guilty at trial.

Defendants include protesters who were not in Washington or never entered the building—Trump, of course, never set foot on Capitol Hill—but convictions nonetheless often result in excessive prison sentences.

For example, Jacob Chansley, the so-called “QAnon Shaman,” finally pleaded guilty to obstruction after spending more than 300 days in solitary confinement denied release by a federal judge, who then sentenced him to 41 months in jail.

While it represents the heart of DOJ’s ongoing “Capitol Breach” prosecution—enabling the government to turn otherwise misdemeanor cases into felony ones—the law never was intended to criminalize political dissent. As part of the 2002 Sarbanes-Oxley Act passed in the aftermath of the Enron scandal to address corporate malfeasance, 1512(c)(2) reads as follows:

(c) 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 object’s 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.

One Judge Upended the Government’s Charge

When faced with defense motions to dismiss the count, every judge upheld DOJ’s use of 1512(c)(2) with the exception of Judge Carl J. Nichols, a Trump appointee. Nichols granted motions to dismiss for three defendants also charged with assaulting police by concluding the government’s interpretation of the language was too broad and contrary to the law’s original intent.

In his March 2022 order dismissing the count against January 6 defendant Garret Miller, who pleaded guilty to the other counts against him, Nichols wrote that “1512(c)(2)…requires that the defendant have taken some action with respect to a document, record, or other object in order to corruptly obstruct, impede or influence an official proceeding.”

After prosecutors asked Nichols to reconsider—only to receive the same response—the government appealed his decision….

https://www.declassified.live/p/what-if-scotus-tosses-a-key-january

>>19741162

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But an opinion issued by the Court of Appeals in the District of Columbia last April offered little clarity. A three-judge panel reached what one judge called a “splintered” ruling to reverse Nichols. Writing for the tenuous majority, Florence Pan, appointed by Joe Biden, admitted that “outside of the January 6 cases brought in this jurisdiction, there is no precedent for using 1512(c)(2) to prosecute the type of conduct at issue in this case.”

Pan nonetheless claimed the language was “unambiguous” and did not require the involvement of “investigations and evidence.” Judge Justin R. Walker, a Trump appointee, reluctantly sided with Pan based on his interpretation of the word “corruptly.”

“If I did not read ‘corruptly’ narrowly, I would join the dissenting opinion. I would give ‘corruptly’ its long-standing meaning. It requires a defendant to act ‘with an intent to procure an unlawful benefit either for himself or for some other person.’ Because I read ‘corruptly’ as courts have read it for hundreds of years—and only because I read it that way—I concur in the Court’s judgment,” Walker wrote.

But Judge George Katsas strongly disagreed with his colleagues in a 43-page dissent. He joined Pan in noting the DOJ’s unique use of the statute. “1512(c)(2) has been on the books for two decades and charged in thousands of cases—yet until the prosecutions arising from the January 6 riot, it was uniformly treated as an evidence-impairment crime.”

Further, Katsas wrote, “document destruction readily conjures up images of corporate fraud. Advocacy, lobbying, and protest do not.” DOJ’s application of the statute “dramatically broaden[s] what counts as obstruction in the first place, sweeping in all acts that affect or hinder a proceeding. Among other things, that construction would sweep in advocacy, lobbying, and protest—common mechanisms by which citizens attempt to influence official proceedings.”

Katsas also weighed in on the meaning of “corruptly,” arguing it “require[s] that the defendant seek an unlawful financial, professional, or exculpatory advantage.”

And he observedthat courts “had no occasion to consider” the broad reach of the statute before the January 6 prosecution.

That will change dramatically if the Supreme Court takes up a writ of certiorari filed in July by Nicholas Smith, a New York defense attorney who represents several January 6 defendants including Garret Miller. (Norm Pattis, a defense attorney representing Jacob Lang, one of the three defendants involved in Nichols’ decision, also has filed a petition before the high court.)

In short, Smith is asking the justices to review the circuit court’s “deeply divided triad of opinions” to determine whether 1512 (c) “cover[s] only acts that affect the integrity or availability of evidence, or whether they criminalize advocacy, lobbying and protest.”

“Adding to the complication, both the concurring and dissenting opinions agreed that the government’s novel construction of Section 1512(c)(2) in the January 6 cases would create a breathtakingly broad, vague and unconstitutional provision that trespasses on core First Amendment rights, including the fundamental right to petition the government for a redress of grievances,” Smith wrote.

Smith also warned about the long-term consequences if the circuit court opinion holds. “Hundreds of political protesters have been mistakenly exposed to Section 1512(c)(2)’s 20-year statutory maximum sentence; protected political expression in the Nation’s Capital, and ordinary legislative business, are at stake.”…

>>19741166

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A Decision With Serious Consequences

U.S. Solicitor General Elizabeth Prelogar has until the end of the month to respond, meaning the court could decide in the next few weeks to grant the petition. (Only four justices need to agree.) The website SCOTUSblog, which covers activity at the court.

A recently listed Smith’s case as one to watch.

Which brings us back to the other Smith. If the court signals an interest in taking up the matter, Trump’s lawyers will undoubtedly ask Judge Chutkan to dismiss the count against the former president. (They probably will regardless but a pending hearing before the nation’s highest court offers more leverage.) If she refuses to dismiss the count, Smith, who already has a spotty record of prosecutorial success, will have to decide whether to take a risk and proceed with prosecuting Trump on a charge with such a dubious legal basis.

Additionally, reverberations would extend beyond the Special Counsel’s office. What if the Supreme Court ultimately overturns the appellate court and rules that DOJ inappropriately used 1512(c)(2) in more than 300 cases? What about the men and women considered convicted felons on that count alone, or those who languished in prison under pretrial detention orders awaiting trial? Or the defendants currently sitting in jail?

Finally, the Supreme Court has an opportunity to right many of the wrongs related to the abusive, selective prosecution of Capitol protesters. Let’s hope they do.

New poll suggests President Biden may have Pennsylvania problem for 2024

October 13, 2023 / 10:36 PM

PHILADELPHIA (CBS) – President Joe Bidenmade another visit to Philadelphia on Friday, a place that he comes to frequently anda state that's vital to his reelection in 2024. But with just under 13 months until the presidential race, new polling shows the president may have a Pennsylvania problem.

The president's trip to Philly on Friday was at least his 15th since he's taken office, but the latest polling shows that Pennsylvanians are looking for more from the commander-in-chief.

"It looks better and better for Donald Trump here," Jim Schultz, former White House counsel for former President Donald Trump, "but there's a lot of game to be played between now and then."

A Quinnipiac poll released last week shows Biden narrowly trailing Trump in a hypothetical matchup in the commonwealth. The same poll found Biden's favorability rating among Pennsylvanians sits at just 39%.

"I think the polls are showing people are not happy," Schultz said. "Democrats, in fact, are not happy with the job that Joe Biden's doing."

But the Biden camp isn't stressing just yet.

U.S. Rep. Brendan Boyle (D-Penn.) serves on the Biden campaign national advisory board. Boyle said sitting presidents have trailed in the past.

"Ronald Reagan, Bill Clinton and Barack Obama were all losing in the polls," Boyle said. "They all obviously went on to win reelection and win actually by quite a margin."

Boyle said the president should continue to push his economic message of job creation and low unemployment. But some have questioned the frequent visits to Philadelphiaat the expense of rallying support in other areas of the state.

"The fact that he has been to our area more than any other president in our history shows how key it is to him," Boyle said.

Schultz said Republicans face their own challenges in the commonwealth.

Trump, the GOP frontrunner, is seen as favorable by just 40% of Pennsylvanians as he faces a slew of legal problems leading up to 2024.

Both Schultz and Boyle agree. Pennsylvania is key to winning the White House.

"If they don't win Pennsylvania," Schultz said, "the Democrats don't win."

"The reality is that Pennsylvania is the path to the White House," Boyle said, "and this president recognizes it."

https://www.cbsnews.com/philadelphia/news/biden-trump-pennsylvania-2024-presidential-election-poll/

15 Oct, 2023 12:46

Western partners losing focus on aiding Ukraine – finance minister

Kiev’s donors are increasingly distracted by domestic problems and tensions in the Middle Eastaccording to Sergey Marchenko

Securing financial support is becoming more difficult for Kiev as Western partners shift their focus to domestic matters and geopolitical tensions, the Ukrainian finance minister told Reuters on Saturday.

Speaking on the sidelines of the International Monetary Fund (IMF) and World Bank meetings in Marrakech, Sergey Marchenko said Kiev is having to make “twice the effort right now to convince our partners to provide us with support compared to the last annual meetings” in spring.

“I see a lot of tiredness,I see a lot of weakness among our partners, they would like to forget about the warbut the war is still ongoing, full-scale,” the minister said, referring to the conflict with Russia.(Ukraine always resorts to insults, bad strategy. This is such bullshit, they failed in the counteroffensive, they have turned to terrorism.)

Among the factors diverting Western attention from Ukraine, the official named the hostilities between Palestinian militant group Hamas, which controls Gaza, and the Israeli Defense Forces. Many fear the conflict could spread to the broader Middle East, disrupting the entire global economy, as the region is a crucial supplier of energy and a key shipping hub.(Ukraine is not concerned with a WW in the Middle East they want our money)

Marchenko also pointed to next year’s elections in the US and Europe as another distraction. He stressed that “a geopolitical shift and internal political context in different countries” was making allies’ governments less focused on supporting Ukraine.

Kiev currently needs Western financial support to cover most of its $43 billion budget spending requirements in 2024.

“We already have some commitments, like $5.4 billion from the IMF program, and we expect commitments from Japan and United Kingdom, and of course, we rely on our key partners and allies the United States and European Union,” Marchenko said. Ukraine is also looking for ways to restructure its international debt and secure new financing, the official said, without providing a timeframe for when discussions with private creditors could.

Earlier this week, Marchenko wrote on X (formerly Twitter) that Ukraine had received a tranche of $1.2 billion in aid from Washington, bringing US support for Kiev this year to $10.9 billion. The EU promised Ukraine €18 billion ($18.9 billion) in aid this year, and Brussels is currently working on another €50 billion support package to be distributed from 2024 to 2027.

Also, Belgium announced earlier this week that it would transfer to Ukraine tax revenue worth €1.7 billion generated from Russian assets frozen by the Euroclear clearing house. The step was discussed in Marrakech, and according to a post-meeting statement from G7 central bank governors and finance ministers on Thursday, it may be replicated by other Western states, despite legal concerns. Marchenko said the decision shows that for Western states, handing Russian assets over to Ukraine now “sounds like a plan.”

Russia strongly opposes using its frozen assets as aid to Ukraine, arguing that it goes against international law, and calling it outright “theft.”

https://www.rt.com/business/584960-western-partners-losing-focus-ukraine-aid/

15 Oct, 2023 10:14

‘You owe us’ – Ukrainian Foreign Minister to Germany

Dmitry Kuleba (the fat angry baby) said he’s been trying to instill sense of guilt among officials in Berlin in citing events of WWI and WWII

Germany should assume responsibility for the wrongs inflicted on Ukraine during the First and Second World Wars and act accordingly, Ukrainian Foreign Minister Dmitry Kuleba has insisted. The diplomat claimed that Berlin appears to have developed such sentiments only toward Jewish people and Russia.

In an interview with Ukraine’s 1+1 TV channel broadcast on Saturday, Kuleba said that “Germany, for example, has never felt any guilt toward Ukraine,” adding that he has “more than once bluntly” told his colleagues in Berlin: “you owe us one.” The minister explained that he has been trying to “awaken a sense of responsibility” in Germans.

Speaking at a joint press conference with German Foreign Minister Annalena Baerbock in Kiev last month, Kuleba appeared to ridicule Berlin’s refusal to arm his country with long-range Taurus KEPD 350 cruise missiles.

When asked by a reporter whether his German colleague had given him “any hope” that Berlin would change tack on the issue, the Ukrainian minister said Baerbock still stood by the official line of Chancellor Olaf Scholz’s government. However, the diplomat then proceeded to turn to the German official, telling her: “You will do it anyway. It’s just a matter of time.” He insisted that there was no “single objective argument against” supplying the rockets to Kiev.

German Defense Minister Boris Pistorius, in turn, describedKuleba’s remark as “out of line,” reminding the diplomatthat Berlin is the second-largest donor of weapons to Kiev after Washington.

Germany has been reluctant to hand the missiles over to Ukraine, citing concerns of further escalation of its conflict with Russia.

In a TV interview on Sunday, Russian President Vladimir Putin announced that the Ukrainian counteroffensive, which was launched in early June, “has failed completely.”

On Thursday, Kirill Budanov, the head Ukraine’s Main Intelligence Directorate, acknowledged that Kiev’s forces were not merely behind schedule, but had completely “fallen out of it” due to several things not going as “smoothly” as planned. Concurring with this assessment, senior adviser to President Vladimir Zelensky pointed the finger at Kiev’s Western backers over sluggish weapons deliveries.

Last week, President Putin estimated that Ukrainian forces had lost “over 90,000 people,” 557 tanks and 1,900 armored vehicles since the start of its counteroffensive. Russian officials have repeatedly claimed that the West is using Ukraine as a proxy in its conflict with Russia, and is willing to fight to the last Ukrainian.

(KEK, this is a joke this is best diplomat they have!)

https://www.rt.com/russia/584957-ukrainian-fm-kuleba-germany-guilt-complex/

15 Oct, 2023 07:11

Ukraine’s counteroffensive has completely failed – Putin

Russian forces have improved their standing almost everywhere along the frontline, the president says

Ukraine’s counteroffensive, which has been underway since early June, has completely failed, Russia’s president Vladimir Putin has said.

In a short interview, released by the Rossiya 1 channel on Sunday, Putin was asked to comment on recent statements by some Ukrainian officials, who acknowledged that their operation was stalling and failing to meet Kiev’s schedule.

“As for the counteroffensive that is allegedly stalling – it has failed completely,”the Russian leader replied.

Moscow is aware that Kiev is “still preparingnew active offensive operations. We see that. We know that. And we're reacting to that appropriately,” he stressed.

“As for what's happening now along the whole length of the contact line, it’s called active defense and our [Russian] forces are improving their positions almost everywhere in this area,” Putin said.

The Russian military is making gains near the city of Kupyansk in Ukraine’s Kharkov Region, as well as Russia’s Zaporozhye Region, the Avdeevka area in the Donetsk People’s Republic, and other locations, he added.

“I want to thank the Armed Forces, the military leadership and, first of all, our fighters on the frontline for their courage,” the president said.

On Thursday, Kirill Budanov, the head of the Ukraine's Main Intelligence Directorate, told the Ukrainskaya Pravda newspaper that Kiev’s forces were not only behind schedule in the counteroffensive, but had completely “fallen out of it” after several things did not go as “smoothly” as the Ukrainian authorities had hoped.

When asked to comment on Budanov’s assessment by Ukraine’s Channel 24, Mikhail Podoliak, a senior adviser to President Vladimir Zelensky, said thecounteroffensive was “six to nine months behind schedule.”Podoliak blamed Kiev’s Western backers, who, according to him, were too slow in providing Ukraine with the needed weapons. (They want this war to be never ending while they launder the most to oligarchs.)

Ukraine launched its much-hyped counteroffensive with the aim of cutting Russia’s land bridge to Crimea in the first days of summer. However,Kiev has so far only been able to report the capture of a handful of small villages located some distance from the main Russian defense lines. Putin said last week that Ukraine’s casualties since the start of the operation have amounted to “over 90,000 people,” 557 tanks and 1,900 armored vehicles.

(The one thing I know is that when Putin announces something definitively it’s true, they won’t take a chance of having to retract it, especially after their estimated timeline for the Operation failed.)

https://www.rt.com/russia/584955-ukraine-counteroffensive-completely-failed/