this post was submitted on 28 Jun 2024
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The Supreme Court on Friday made it harder to charge Capitol riot defendants with obstruction, a charge that also has been brought against former President Donald Trump.

The justices ruled 6-3 that the charge of obstructing an official proceeding, enacted in 2002 in response to the financial scandal that brought down Enron Corp., must include proof that defendants tried to tamper with or destroy documents. Only some of the people who violently attacked the Capitol on Jan. 6, 2021, fall into that category.

The decision could be used as fodder for claims by Trump and his Republican allies that the Justice Department has treated the Capitol riot defendants unfairly.

It’s unclear how the court’s decision will affect the case against Trump in Washington, although special counsel Jack Smith has said the charges faced by the former president would not be affected.

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[–] FlyingSquid@lemmy.world 58 points 4 months ago (2 children)

Okay, so absolutely any congressional proceeding can now be interrupted by protesters without them being thrown out, right? Because I'm not sure Republicans are going to like that.

[–] Neato@ttrpg.network 33 points 4 months ago

Right. As long as you don't fuck with their notes or commit other crimes, you can absolutely obstruct government proceedings. I wonder if they included SCOTUS trials...

[–] catloaf@lemm.ee 3 points 4 months ago (1 children)

No, because you're still trespassing.

[–] FlyingSquid@lemmy.world 5 points 4 months ago (1 children)

Trespassing on public property?

[–] catloaf@lemm.ee 3 points 4 months ago (1 children)

Yes. Public property doesn't mean free access at all times. Even public parks are often closed at night.

[–] FlyingSquid@lemmy.world 0 points 4 months ago (1 children)

And when do the public get this free access to congress?

[–] catloaf@lemm.ee 1 points 4 months ago (1 children)

I never said they did. But you can certainly take guided tours.

[–] FlyingSquid@lemmy.world -3 points 4 months ago (1 children)

So it is a public space where it is always trespassing?

[–] catloaf@lemm.ee 2 points 4 months ago (1 children)

I never said it was a public space either.

[–] FlyingSquid@lemmy.world -4 points 4 months ago (1 children)

Our taxes pay for it. It's government land. How is it not a public space?

[–] catloaf@lemm.ee 5 points 4 months ago

Because not all public land (meaning government-owned) is a public space (meaning available for use to the general public, like a park or community room at the library).

Our taxes pay for military bases too. Those are also government land. I'm sure you wouldn't try wandering in there for a nice walk or a picnic.

[–] NeptuneOrbit@lemmy.world 13 points 4 months ago

But he led a conspiracy to certify fake electors. That required records. So we still got him, right?