US Supreme Court faces mounting challenges to Jan. 6 Obstruction of Congress prosecutions.
The U.S. Department of Justice’s Use of Evidence-Tampering Statute in Jan. 6 Cases Faces Constitutional Challenge
A new Supreme Court filing argues that the evidence-tampering statute being used by the U.S. Department of Justice to prosecute Jan. 6 defendants is unconstitutionally broad and interferes with First Amendment free speech. The filing claims that prosecutors have “unbridled, standardless discretion to effectively make up their own law.”
The challenge to the use of the law, brought by Jan. 6 defendant Edward Jacob Lang, argues that the statute violates the Constitution. Lang, along with 317 other defendants and former President Donald Trump, has been charged with corruptly obstructing an official proceeding. This charge carries a maximum 20-year prison term.
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A new amicus curiae brief filed by the FormerFedsGroup Freedom Foundation argues that the evidence-tampering law gives prosecutors too much power. The brief states that the law “means whatever a creative prosecutor lacking caution wishes it to mean.”
Legal researcher Jonathon Moseley warns that the DOJ’s use of the obstruction law is dangerous and could lead to the suppression of citizens’ rights. He emphasizes the need for the Supreme Court to intervene and check the DOJ’s expansion of prosecutorial power.
Partisan Application?
The FormerFedsGroup brief highlights the uneven application of the law, suggesting that it may be influenced by partisan politics. The brief points out instances where similar acts were treated differently based on political alignment.
Other Laws Apply
The brief argues that the conduct of Jan. 6 protesters is already covered by other federal statutes, making the use of the evidence-tampering law unnecessary. It questions the meaning of the term “corruptly” in the statute and raises concerns about the chilling effect on free speech.
How does the Department of Justice’s interpretation and application of the evidence-tampering statute potentially infringe on the rights of the accused?
Own rules” when it comes to tampering with evidence, leading to potential abuses of power and infringement on the rights of the accused.
The evidence-tampering statute, codified under 18 U.S.C. § 1512(c)(2), is designed to prevent the obstruction of justice by individuals who manipulate or alter evidence in order to hinder an investigation or prosecution. However, according to the Supreme Court filing, the Department of Justice’s interpretation and application of this statute in the Jan. 6 cases raises serious concerns regarding its constitutionality.
The crux of the argument made in the filing revolves around the alleged broadness of the statute and its potential to interfere with the First Amendment right to free speech. The filing contends that the statute lacks clear and narrow guidelines, thus granting prosecutors excessive discretion in determining what constitutes evidence tampering. This, in turn, creates an environment where prosecutors can manipulate the law to suppress dissenting opinions and punish individuals for exercising their right to express themselves.
Furthermore, the Supreme Court filing highlights the potential for abuse in granting prosecutors unchecked power to interpret and enforce the evidence-tampering statute. By allowing prosecutors to essentially “make up their own rules,” defendants may face unjust charges or excessively harsh penalties based on the whims and biases of prosecutors, rather than a fair and impartial legal process.
The Jan. 6 cases have already garnered significant attention due to their connection to the Capitol riots, which shook the very foundations of American democracy. While it is crucial to hold those responsible for the violence accountable, it is equally important to ensure that the legal process adheres to constitutional principles and safeguards individual rights.
The filing also argues that the expansive interpretation of the evidence-tampering statute contravenes the principle of vagueness, a longstanding constitutional doctrine that requires laws to provide adequate notice of prohibited conduct. According to the filing, the lack of clear guidelines within the statute opens the door for overreach and arbitrary enforcement, threatening the fair administration of justice.
In addition to the constitutional challenge, the filing calls on the Supreme Court to establish precise standards and limitations for the evidence-tampering statute. This, it claims, would prevent the potential abuses and constitutional infringements that are currently a concern in the Jan. 6 cases.
The outcome of this constitutional challenge could have far-reaching implications for the U.S. Department of Justice’s prosecution of Jan. 6 defendants and its future use of the evidence-tampering statute. It raises important questions about the balance between maintaining law and order while preserving constitutionally protected rights.
As this case unfolds, it will undoubtedly spark wider discussions about the scope of prosecutorial discretion, the protection of free speech, and the preservation of due process rights in the face of major national crises. The Supreme Court’s decision on this matter will not only impact the immediate Jan. 6 cases but also set a precedent for future prosecutions and the overall functioning of the criminal justice system in America.
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