U.S. judge dismisses most serious federal charge against Jan. 6 Capitol riot defendant

[mahatmakanejeeves]

Source: Washington Post

Legal Issues

U.S. judge dismisses most serious federal charge against Jan. 6 Capitol riot defendant

The decision from Judge Carl Nichols in the case of a Texas man clouds the legal path of more than 270 cases.

By Spencer S. Hsu
Today at 11:04 a.m. EST

A federal judge ruled late Monday that the Justice Department cannot charge Jan. 6 defendants with obstructing Congress’s certification of President Biden’s 2020 election victory unless they tampered with official documents or records in the attack on the U.S. Capitol.

In striking down the lead charge brought in the government’s Jan. 6 investigation — punishable by up to 20 years in prison — U.S. District Judge Carl Nichols broke with all other U.S. trial judges in Washington who have ruled on the question in Capitol riot cases. The decision throws a wrench pending appeal into the felony prosecutions of as many as 275 arrested individuals.

Nichols wrote in a 29-page opinion that federal prosecutors erroneously interpreted a “catchall” provision Congress passed when it overhauled a long-standing obstruction-of-justice statute as part of the ­Sarbanes-Oxley corporate responsibility act in 2002.

The provision covers “whoever corruptly . . . obstructs, in­fluences, or impedes any official proceeding.” But Nichols ruled that passage “must be interpreted as limited by [the preceding] subsection” — requiring a defendant to “have taken some action with respect to a document, record, or other object in order to corruptly obstruct, impede or influence an official proceeding.” Raiding the Capitol and forcing lawmakers to flee or wrongly trying to halt vote counting does not apply to that interpretation, the judge said.

{snip}

By Spencer Hsu
Spencer S. Hsu is an investigative reporter, two-time Pulitzer finalist and national Emmy Award nominee. Hsu has covered homeland security, immigration, Virginia politics and Congress. Twitter https://twitter.com/hsu_spencer

Read more: https://www.washingtonpost.com/dc-md-va/2022/03/08/judge-tosses-jan-6-obstruction-charge/

[AllaN01Bear]

1. dang nabbit.

[NotHardly]

34. This is not the last word, it's just another Repubican judge, no precedent here

[ancianita]

44. Exactly.

[SoCalDavidS]

2. Better Luck Next Time

Well, if only they had actually DIRECTLY interfered, then there might be actual "Accountability."

If at first you don't succeed......

[FoxNewsSucks]

3. One of tRump's judges.

[live love laugh]

6. ✔️

[nuxvomica]

11. And a former clerk for Thomas

https://en.wikipedia.org/wiki/Carl_J._Nichols

[Botany]

20. Yup!

On June 7, 2018, President Donald Trump announced his intent to nominate Nichols to serve as a United States District Judge of the United States District Court for the District of Columbia.

[Irish_Dem]

4. So trying to kill elected officials to prevent them from certifying the votes is not obstruction?

[SheltieLover]

12. I guess that's ok.

[Irish_Dem]

14. Murder/Kidnapping is allowed, but don't touch the damn paperwork.

[SheltieLover]

16. Right!

[live love laugh]

5. Raiding the Capitol and forcing lawmakers to flee or wrongly trying to halt vote counting does not a

If that doesn’t apply what the fuck does.

Bullshit.

[slightlv]

15. Well, I would say murder most foul,

except that with as many people as died that day, it seems they basically got away with murder, as well. Face it, if you're a Repug, you can do whatever the hell you want in this country and there's no accountability and no justice. If you're a Democrat, hold your face wrong and you'll get thrown in jail.

I'm so sick and tired of the injustice. Someone answer me just why in the hell I'm suppose to "be good" and follow the law anymore? Obviously, "the law" doesn't mean a damned thing any longer. Why not just call myself a Repug and do whatever the hell I want? Talk about sickening.

[Escurumbele]

19. I am angry about it as well, but lets understand why republicans get away with murder

Democrats always want to be civil and stay within the law, which is good, but republicans have a way to find out about the loops in the law which allows them to circumvent the rules to pass bills, appoint people who will take orders to help them accomplish their agenda.

Democrats need to start playing harder to make sure these things do not happen, they have to anticipate republican moves, it is at the end of the day a chess game. Not sure if Biden could have removed that judge, if he could have he should have, and I hope Democrats can litigate that decision somewhere because that is what republicans would do, they would sue the judge or the call by the judge, but they would fight it to the end, Democrats MUST take the same attitude.

The bullied continues to get bullied because he/she does not do something to stop the bully.

[erronis]

32. Your post makes me think about offense vs. defense. Repugs vs. Dems.

I'm sure it's been said that a good offense is the best defense.

If you're always in a protective/reactionary mode the enemy will continually try to find chinks in your armor.

If you only react with delayed, and non-forceful actions, then the enemy will continue.

I've had dogs (and other things.) The best reaction to an offense is a response that is significant enough to prevent a similar offense being attempted again.

[Escurumbele]

39. That is why I wrote "they (Democrats) have to anticipate republican moves"

They need to be proactive, but of course there will be times when they will need to react, but for the most part they need to anticipate to make sure republicans do not have the leverage they have today because they are proactive, not reactive, Democrats are always playing catch-up and like you pointed out, you cannot be in a protective/reactionary mode.

Its almost like they need a department within the Democratic party, sort of an intelligence unit, studying the laws finding ways where they can anticipate republicans, and I would think they would be able to do that because at the end of the day, republican strength is in their bull about abortion, gerrymandering, suppressing voting laws, taxes, and a couple more, they have been singing the same old tune for ages, and lets face it, they are good at propaganda, so Democrats need a good marketing unit as well.

Anyway, lets hope Democrats make some changes to stop the crooks from the republican party. They need to win with majorities to make Manchin and Sinema irrelevant.

[live love laugh]

36. Problem is your Manchins and Sinemas planted to divulge

or oppose every move.

We have no insiders planted on the other side.

[Escurumbele]

40. You are correct...I have been saying for a while that those two are republicans

I understand that Manchin has voted a lot with Democrats, but he does so with bills that o not interest republicans, for the most part, otherwise he is just obstructing on the big tickets which are important for Democrats and the country as a whole.

[live love laugh]

42. They're two we know about...

surely not the only ones.

[gopiscrap]

43. agreed.

[3825-87867]

7. SO after a trial a jury finds a person guilty on ALL counts

but then a Trump judge basically says that the jury didn't matter and only his interpretation counts.

Why have a jury?

There's a word for that judge and trash like him...

[IthinkThereforeIAM]

8. How about the ones that occupied Nancy's office...

... and fondled and took or made copies of documents, papers, stole laptops or stole ANY objects from the congressional offices and desks within the respective chambers of Congress?

So does this ruling mean that anyone that actually touched anything in the offices or chambers get their 20 years, automatic?

[L. Coyote]

9. This Carl Nichols is a #FailedCoupGuy appointee

Link to tweet

Link to tweet

[dalton99a]

21. +1

[Cha]

27. Too bad this judge Carl Nichols

can't be Charged for Blatant Abuse of Judicial Power.

[intrepidity]

10. Do the poles and sticks etc count as "objects"?

They used plenty of "objects" to obstruct Congress that day.

That judge is an idiot.

[chowder66]

17. Doesn't the building count as an object?

[multigraincracker]

13. Just one felony conviction please.

At least he could never pick up a firearm for the rest of his life.

[BumRushDaShow]

18. I found the section in the Sarbanes-Oxley Act that references this

(snip)

TITLE VIII--CORPORATE AND CRIMINAL FRAUD ACCOUNTABILITY

SEC. 801. SHORT TITLE.

This title may be cited as the ``Corporate and Criminal Fraud
Accountability Act of 2002''.

SEC. 802. CRIMINAL PENALTIES FOR ALTERING DOCUMENTS.

(a) In General.--Chapter 73 of title 18, United States Code, is
amended by adding at the end the following:

SEC. 802. CRIMINAL PENALTIES FOR ALTERING DOCUMENTS.

(a) In General.--Chapter 73 of title 18, United States Code, is
amended by adding at the end the following:

``Sec. 1519. Destruction, alteration, or falsification of records in
Federal investigations and bankruptcy

``Whoever knowingly alters, destroys, mutilates, conceals, covers
up, falsifies, or makes a false entry in any record, document, or
tangible object with the intent to impede, obstruct, or influence the
investigation or proper administration of any matter within the
jurisdiction of any department or agency of the United States or any
case filed under title 11, or in relation to or contemplation of any
such matter or case, shall be fined under this title, imprisoned not
more than 20 years, or both.

https://www.congress.gov/bill/107th-congress/house-bill/3763/text

Oddly enough, the loons who sent their bogus copies of state electoral certifications directly to the National Archives should ALL get "20 years in prison" because this is exactly what they did. That would require application to a whole pile of GOP elected officials.

ETA - here is what Rachel had reported about those fake certifications -

Link to tweet

Maddow Blog
@MaddowBlog
It is now from five states (up from yesterday's three) that we have obtained forged elector documents created by Republicans.
10:41 PM · Jan 11, 2022

Here is where the organization "American Oversight" posted the fake certs (obtained through FOI) -

https://www.americanoversight.org/american-oversight-obtains-seven-phony-certificates-of-pro-trump-electors

[IthinkThereforeIAM]

23. Good catch...

... and thanks for taking your time to dig that out. I, and I am sure others, were curious as to just what the S-O act particulars are.

[BumRushDaShow]

29. As a retired fed

I am used to having to go dig through the legal dregs of the regulations (and the laws they reference).

[lagomorph777]

22. A Trump judge. Probably will be overruled by higher courts.

[ToxMarz]

24. I would imagine he doesn't have the final say

Justice Dept I would think could appeal it to the next level.

[Nictuku]

25. FUCK!

[SayItLoud]

26. Legal experts please comment:

Is Nichols the final word on this or can it be taken higher?

[Emile]

28. This Federal Judge is showing is partisan bias!

[msfiddlestix]

30. I'm befuddled as to how these proceedings happens in any court outside Washington DC

I noticed that early on, several months ago when earlier charges were being brought) in several different cases, Texas and Southern California (San Diego) are two that come to mind and popped on my radar due to bizarre rulings by certain judges.

I wondered why any of these Jan 6 cases were being adjudicated anywhere outside of DC?

[bluestarone]

31. Will EVERY case go before THIS judge?

I hope NOT!

[Mr. Ected]

33. Fits the Republican MO of obfuscating and delaying the inevitable

Thereby buying everyone some time for a regime change and dismissal.

This will likely be overturned on appeal unless another poltically-motivated appointee judge (or bank of judges) is involved in the decision.

However, in the meantime, the fate of these defendants awaits further adjudication. The clock ticks. Time is of the essence.

I need not remind everyone what happens if we don't get this right.

[llashram]

35. figures

some judge would find a loophole for traitors...but he's a trump appointed/nominated judge. So what can be expected...
https://ballotpedia.org/Carl_Nichols

[bringthePaine]

37. pure judicial horseshit - remove that fuckhead and try the case that he dismissed

[mahatmakanejeeves]

38. Here's a link to the decision:

This story is older than I thought. It goes back to yesterday. The story in the WaPo is late.

LEGAL

Judge tosses obstruction charge against Jan. 6 defendant

The judge ruled that ambiguities in the federal law required him to narrow the case against Garret Miller, who is facing multiple felony charges connected to the attack on the Capitol.

By KYLE CHENEY and JOSH GERSTEIN
03/07/2022 06:19 PM EST
Updated: 03/07/2022 09:47 PM EST

A federal judge has thrown out an obstruction charge against a defendant charged with breaching the Capitol on Jan. 6, 2021, a ruling that could reverberate across hundreds of cases stemming from the attack on Congress.

In a 29-page opinion issued Monday, U.S. District Court Judge Carl Nichols ruled that ambiguities in the federal obstruction law required him to narrow the case against defendant Garret Miller, who is facing multiple felony charges connected to the attack.

Under that narrow interpretation, Nichols ruled, defendants can be charged with obstruction only if they directly attempt to affect “a document, record, or other object” in order to hamper the ability of Congress to count Electoral College votes. ... Nichols said that because prosecutors had not alleged that Miller took such direct action — rather, the Justice Department says he simply joined the large mob on Jan. 6 — the obstruction charge against him must be dismissed.

Among the people Nichols cited to bolster his interpretation is President Joe Biden. The judge noted that Biden said the law in question, passed in 2002 following the Enron scandal, was aimed at making it a crime to shred documents.

{snip}

[mahatmakanejeeves]

41. DOJ will likely appeal judge's dismissal of obstruction charge, a decision that's contrary to ...

DOJ will likely appeal judge’s dismissal of obstruction charge, a decision that’s contrary to the plain language of the statute and prior decisions by 7 other judges, but the decision will delay DOJ’s work to hold Jan 6 defendants accountable.

Link to tweet

U.S. judge dismisses most serious federal charge against Jan. 6 Capitol riot defendant
The decision from Judge Carl Nichols in the case of a Texas man clouds the legal path of more than 270 cases.

[PSPS]

45. No surprise. Judge Carl Nichols is a trump appointee

As far as I've been keeping track, he's been dismissing charges on all of these insurrectionists.

[lark]

46. Appeal this assinine ruling by a rw saboteur drumpf so called judge.

Do it now!

[hamsterjill]

47. These judges are obviously compromised.

This is a ridiculous opinion - even for a Republican. They just use bullshit to give these terrorists a free pass.