A federal judge has dismissed a felony obstruction charge alleging a participant in Jan. 6 Capitol riot attempted to prevent the certification of the 2020 Electoral College results.
The ruling Tuesday by U.S. District Judge for the D.C. Circuit Carl J. Nichols, a Trump administration appointee, marks the second time in eight days the judge has issued such a dismissal.
Nichols ruled in the case against Joseph Fischer, who works for the North Cornwall Township Police Department in Pennsylvania, that the obstruction charge does not stand.
“Nothing in Count Three (or the superseding indictment generally) alleges, let alone implies, that Fischer took some action with respect to a document, record, or other object in order to corruptly obstruct, impede or influence Congress’s certification of the electoral vote,” the judge wrote in a 10-page ruling. “The Court will therefore grant Fischer’s motion to dismiss Count Three.”
The subsection of the U.S. Code under which Fischer was initially charged is designed to prevent tampering or destruction of documents and records, not an alleged attempt at derailing the certification of the Electoral College.
Nichols on March 7 threw out the same charge in the case against Garrett Miller, of Texas, who faces 11 additional charges related to January 6.
The judge is also considering Fischer’s motion to dismiss Counts 4 and 5, which pertain to his alleged presence on “restricted building or grounds.”
Prosecutors have told the judge that they are willing to amend the indictment against Fischer to skirt his attorneys’ objections to the two other charges, which have to do with the presence of then-Vice President Mike Pence at the Capitol.
The judge has given Justice Department lawyers 14 days to either amend the indictment, or explain why they refuse to do so.
The FBI framed the 6 January MAGA protesters by inserting undercover agents and informants in the crowd to encourage violence. It backfired, but that’s not stopping the Feds from persecuting people who simply wandered the hallways, stood outside the building, and peacefully protested.
The FBI sewer rats were all over this protest.
The FBI’s role was intended to be subversive and to gather as much intelligence on the participants as possible. Gee, if only they would use that tactic on the rampaging Antifa and BLM thugs responsible for the destruction of neighborhoods, businesses, police stations, and courthouses. The Feds refuse to prosecute.
American political prisoners have been held for more than 8 months in solitary confinement in 7X10 cells for 23 hours a day. These people have not been convicted of any crimes, they are being held in “pretrial detention” for trespassing the capitol halls of corruption on 6 January 2021. Their trials have not been set. They have been denied bail. They are not allowed to meet with lawyers in private. They have one hour a day for “exercise”, showers, and phone calls. They have been denied due process.
The 6 January protesters have been beaten and isolated by the guards. Lawyers for one, a man called Ryan Samsel, say he was beaten so badly he has a skull fracture and is now blind in one eye.
One of them died awaiting trial. Another committed suicide.
The House Judiciary Committee should haul the DC gulag director up in front of a grand jury, along with the capitol cops who committed murder on 6 January.
Biden’s jackbooted DOJ brought trumped-up charges against citizens exercising their constitutional right to protest. The entire Biden regime, including his goons in the DOJ and FBI need to get another revolution that makes 1776 look like a minor scuffle.
Related posts:
https://sfcmac.com/first-acquittal-given-to-january-6-defendant/
https://sfcmac.com/6-january-protest-defendant-rejects-feds-deal/