April 16, 2024

"The Supreme Court will hear arguments [today] in a case that could eliminate some of the federal charges against former President Donald J. Trump..."

"... in the case accusing him of plotting to subvert the 2020 election and could disrupt the prosecutions of hundreds of rioters involved in the Capitol attack. The question the justices will consider is whether a provision of the Sarbanes-Oxley Act, enacted in the wake of the collapse of the energy giant Enron, covers the conduct of a former police officer, Joseph W. Fischer, who participated in the Capitol assault, on Jan. 6, 2021. The law figures in two of the federal charges against Mr. Trump in his election subversion case, and more than 350 people who stormed the Capitol have been prosecuted under it.... The law, signed in 2002, was prompted by accounting fraud and the destruction of documents, but the provision is written in broad terms. Still, in an earlier case involving a different provision of the law, the Supreme Court said it should be tethered to its original purpose...."


A text sent by Fischer: "they should storm the capital and drag all the democrates into the street and have a mob trial."

Listen to the oral argument live, here, at 10 EDT.

31 comments:

Dave Begley said...

Dear Ann:

We certainly do appreciate - and thank you in advance - for your cruelly neutral and expert commentary on the oral arguments today.

Bob Boyd said...

It was just a suggestion.

donald said...

Typical behavior by democrats who HAVE stormed federal buildings from DC to Portland and Seattle.

It’s right there on video. Nobody stormed any fucking thing on January six. I bet Adam
Liptak is a Grand Central Station glory hole enthusiast.

Shouting Thomas said...

This is actually happening in the U.S. The Democratic Party has used fraudulent lawfare to successfully force a gag order on their opponent in the presidential race, and successfully forced him to cease campaigning.

The 2020 election was sabotaged and rigged. The Nazi Democratic Party is openly and proudly sabotaging and rigging the 2024 election.

This is why the Democratic Party is so paranoid about insurrection. They fear it’s coming.

rehajm said...

The absurdity of current reality regularly exceeds my wildest imagination…

Enigma said...

The Jan 6 crowd was full of terrible strategists: A text sent by Fischer: "they should storm the capital and drag all the democrates into the street and have a mob trial."

You left THIS as a paper trail when entering the capitol??????? And you claim to defend the constitution??????

Using Sarbanes-Oxley is bizarre and yet another case of throwing everything against the wall to see what sticks. It demonstrates once again that pragmatism, balance, and the rule of law is dead in all blue jurisdictions. The blue mob is running the trial now.

Howard said...

It will be interesting to see how the more center right justices fall on this issue. We all know that the libs will support the use of the Enron law while aledo and Thomas will most definitely disapprove of it. Vindictive arrogant stupid Democrats should be kicking themselves not only for their failure to install a Supreme Court Justice during winter break under Obama's regime, but also for punking Brett Kavinaugh with Blasey Ford.

Bob Boyd said...

Hit a paywall at the NYT, but here's a detailed explanation of the Fischer business at SCOTUSblog.

https://www.scotusblog.com/2024/04/jan-6-defendant-asks-supreme-court-to-throw-out-obstruction-charge/

rehajm said...

We certainly do appreciate - and thank you in advance - for your cruelly neutral and expert commentary on the oral arguments today.

Ouch. When Begley wheels out the sarcasm…

jaydub said...

"Vindictive arrogant stupid Democrats should be kicking themselves not only for their failure to install a Supreme Court Justice during winter break under Obama's regime, but also for punking Brett Kavinaugh with Blasey Ford."

Okay, who's hacked Howard's account and where are you holding him?

narciso said...

Well sarbanes oxley wasnt designed to solve the problem just create new ones

Dude1394 said...

“ A text sent by Fischer: "they should storm the capital and drag all the democrates into the street and have a mob trial.”

Texts and X posts said everyday by both political parties for $100 alec.

Aggie said...

Yes, just like Dr. Crane's trials in The Dark Knight: You're guilty - you're just here for the sentencing..... Exile or Death?

The Real Andrew said...

It was a DEBATE! (cackle, cackle)

gilbar said...

just to be clear..
IF Trump had won those 5 states, and thus the electoral college;and thus the 2020 election..
AND WHEN angry hordes of ante fascist democrats had stormed and occupied the Capitol; preventing it.

The people that believe the actual "Jan 6" was an insurrection would feel the same way about this scenario?
Just kidding! Of course they wouldn't They'd give the ante fascist anti Trump people medals

gilbar said...

aydub said...
Okay, who's hacked Howard's account and where are you holding him?

sometimes Howard mixes up his meds and this sort of thing happens.. Don't worry he'll be back to usual soon

Goldenpause said...

Executive summary: win at any cost federal prosecutors try again to sneak their over reaching past the Supreme Court.

Yancey Ward said...

Every now and again Howard's sense of shame leaks through.

boatbuilder said...

The first rhetorical questions that the defense attorneys should ask in opening statements is: "Do you, or anyone you know who is not a CEO or an accountant, have the slightest idea of what Sarbanes-Oxley is?"



Michael Fitzgerald said...

Agree with Fischer about what they should do, except there should be plenty of republican party members dragged out into the street too.

robother said...

Of course, US Justice Dept. prosecutors would never dream of using this law to prosecute that IRS official for destroying her hard drive in the middle of an inquiry into the Obama White House role in denial of Tea Party tax exempt status, or to charge Hillary for bleach bitting her computer drive before anyone could examine it for classified information.

RCOCEAN II said...

I've never understood how a sitting POTUS can "plot to subvert a POTUS election" after the votes have been cast.

This whole issue has been nonsense from day 1. But we have to go through this legal charade. We already know that the 3 liberal Democrats will vote against Trump and that Roberts will too, since he's a Bushie who hates Trump.

Pillage Idiot said...

When the District of Columbia indicts Jamaal Bowman on a felony charge of interfering with an official proceeding, only then will I believe that Democrats support a system of equal justice.

Kevin said...

A text sent by Fischer: "they should storm the capital and drag all the democrates into the street and have a mob trial."

When was this, during the “insurrection”?

This just proves a lack of organization, coordination or prior intent.

Mike (MJB Wolf) said...

Of course that law isn't meant to cover Trump's acts. NONE of the "laws" used to GetTrump are meant for the purpose "persecutors" are stretching them to accomplish. If he's such a bad guy, why won't normal legal processes suffice to GetTrump? Is he some kind of supergenius mastermind that requires new laws? Because if so, that really isn't how they've been portraying him, but it is how they've been treating him. Like some kind of supergenius mastermind.

Strange, no?

Especially in light of the toddler-style kid gloves with which they treat slow old feeble mumbling stumbling creepy Joe. "But- but- butTrump [yes one word] fell asleep in court! NPR said so!"

Strange.

Gospace said...

Justice Neil M. Gorsuch offered several hypotheticals when asking about the breadth of the statute.

“Would a sit-in that disrupts a trial or access to a federal courthouse qualify?" he asked. "Would a heckler in today’s audience qualify or at the State of the Union address? Would pulling a fire alarm before a vote qualify for 20 years in federal prison?”


Using a real life example of a DemoncRAT- a congresscritter no less- in the question. And all the previous have happened.

Gives you an idea that the law being applied in this manner is going down in flames.

Drago said...

RCOCEAN II: "This whole issue has been nonsense from day 1. But we have to go through this legal charade. We already know that the 3 liberal Democrats will vote against Trump and that Roberts will too, since he's a Bushie who hates Trump."

Roberts is actually an obama-ie that was simply appointed by Bush, who is also now quite openly an obama-ie, but needs to keep his clearly more desired liberal policy outcome preferences under check...a bit..as we see from his maneuverings and hapoiness in constructing "Trump only" "rules".

The Godfather said...

I keep hearing some people say that if Trump is elected this year it will mean the END OF OUR DEMOCRACY!!! And maybe so, if Trump2 follows the precedent of the Biden Administration. Perhaps Trump2 will declare that protestors supporting a defeated Biden are committing an "insurrection". Imagine treating them like the "insurrectionists" who protested against Biden's reelection.

In his first administration, Trump didn't even prosecute Hillary Clinton, although she was clearly subject to suspicion (at least) for multiple violations.

Perhaps Trump2 won't follow The Biden menu -- I hope not.

If Biden wins, then God help the Trump supporters.

Ampersand said...

I'm in favor of laws that protect the legislative and judicial processes from violence or the threat of violence. But when they are only enforced vigorously against one side, they undermine the legitimacy of our institutions.

Also, the DC jury pool is a problem that needs to be addressed through our venue laws. Scooter Libby was innocent, and he wasn't the only one.

Ampersand said...
This comment has been removed by the author.
PB said...

Liptak's suggestion may come true.