Federal Judge Threatens to Punish Imprisoned J6ers by Adding Enhancements to Remaining Convictions if SCOTUS Reverses ‘Obstruction’ Statute

A federal judge is also threatening to punish imprisoned January 6 defendants by adding enhancements to remaining convictions if the US Supreme Court reverses the ‘obstruction’ statute.

The US Supreme Court recently announced it will hear oral arguments in Fischer v. United States and at issue is statute 18 USC §1512(c)(2):

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.

The Supreme Court is expected to issue a decision on Fischer v United States this summer which means hundreds of J6 cases could be upended.

Biden’s corrupt DOJ has charged more than 300 J6ers with 18 USC §1512(c)(2). Additionally, two of the four charges against Trump in Jack Smith’s DC case are conspiracy to obstruct so the Supreme Court’s ruling could torpedo the special counsel’s case against Trump as well.

Last week US Attorney from DC Matthew Graves fired a warning shot to the US Supreme Court – and J6ers serving time for 18 USC §1512(c)(2), the ‘obstruction’ statute pending before SCOTUS.

US District Judge for the District of Columbia Tim Kelly, a Trump appointee, is also threatening to add enhancements to remaining convictions if 1512c2 is reversed by the Supreme Court.

Judge Kelly threatened J6 defendant Gilbert Fonticoba, who was recommended a 62-month jail sentence for entering the Capitol building for 3 minutes.

The judge said he will add time to Fonticoba’s sentence if the Supreme Court reverses the ‘obstruction’ statute.

Judge Kelly ultimately sentenced Fonticoba to 48 months for the 1512c2 conviction.

Fonticoba asked Judge Kelly to delay his reporting to federal prison on April 12 pending SCOTUS decision on 1512c2.

 

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Aaron Mostofsky →