Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
Editorials & Other Articles
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
Second U.S. judge questions constitutionality of lead felony charge against Oath Keepers in Capitol [View all]
Source: Washington Post
Second U.S. judge questions constitutionality of lead felony charge against Oath Keepers in Capitol riot
By Spencer S. Hsu
September 8, 2021 at 7:25 p.m. EDT
A second federal judge in Washington questioned whether the lead felony charge leveled by the government against Capitol riot defendants is unconstitutionally vague, as 18 Oath Keepers accused in a conspiracy case urged the court on Wednesday to toss out a count carrying one of the heaviest penalties against them.
U.S. District Judge Amit P. Mehta asked how federal prosecutors distinguish felony conduct qualifying as “obstructing an official proceeding” of Congress — punishable by up to 20 years in prison — from misdemeanor offenses the government has charged others with, such as shouting to interrupt a congressional hearing.
“Essentially, what you said is, ‘Trust us,’ ” Mehta said. “. . . And that is a real problem when it comes to criminal statutes, to suggest, ‘We know it when we see it, and we’ll pick and choose when it is an appropriate exercise of prosecutorial discretion.’ ”
At issue is a statute the Justice Department has employed against at least 235 defendants accused of corruptly disrupting Congress’s certification of the 2020 electoral-college vote.
Prosecutors have brought the obstruction charge in many of the most notorious cases, including against members of the Oath Keepers, Proud Boys and Three Percenters groups who allegedly conspired and prepared in advance for violence. The government has also leveled the charge against scores of individuals not accused of attacking police or destroying property but facing some of the most egregious allegations — such as occupying the Senate chamber, sitting in the vice president’s chair and targeting government officials.
-snip-
By Spencer S. Hsu
September 8, 2021 at 7:25 p.m. EDT
A second federal judge in Washington questioned whether the lead felony charge leveled by the government against Capitol riot defendants is unconstitutionally vague, as 18 Oath Keepers accused in a conspiracy case urged the court on Wednesday to toss out a count carrying one of the heaviest penalties against them.
U.S. District Judge Amit P. Mehta asked how federal prosecutors distinguish felony conduct qualifying as “obstructing an official proceeding” of Congress — punishable by up to 20 years in prison — from misdemeanor offenses the government has charged others with, such as shouting to interrupt a congressional hearing.
“Essentially, what you said is, ‘Trust us,’ ” Mehta said. “. . . And that is a real problem when it comes to criminal statutes, to suggest, ‘We know it when we see it, and we’ll pick and choose when it is an appropriate exercise of prosecutorial discretion.’ ”
At issue is a statute the Justice Department has employed against at least 235 defendants accused of corruptly disrupting Congress’s certification of the 2020 electoral-college vote.
Prosecutors have brought the obstruction charge in many of the most notorious cases, including against members of the Oath Keepers, Proud Boys and Three Percenters groups who allegedly conspired and prepared in advance for violence. The government has also leveled the charge against scores of individuals not accused of attacking police or destroying property but facing some of the most egregious allegations — such as occupying the Senate chamber, sitting in the vice president’s chair and targeting government officials.
-snip-
Read more: https://www.washingtonpost.com/local/legal-issues/oathkeepers-obstruction-charge-vague/2021/09/08/9a833eaa-10c3-11ec-bc8a-8d9a5b534194_story.html
2 replies
= new reply since forum marked as read
= new reply since forum marked as read