Merrick Garland dusts off Civil War statute to target J6 defendants.
In the aftermath of SCOTUS ruling that overturned DOJ’s most common felony against J6ers, the Department of Justice is using an antiquated law to keep punishing Trump supporters.
That’s what Attorney General Merrick Garland’s Department of Justice (DOJ) is doing in their over-zealous prosecution of January 6 defendants. In June, the Supreme Court in United States v. Fischer effectively nuked hundreds of “obstruction” of Congress charges against January 6 defendants, ruling that a post-Enron statute, 18 U.S.C. §1512, designed to punish document destruction, did not apply to a Capitol Hill protest “gone wild.”
Nonetheless, obsessed with targeting Trump supporters, the DOJ is now charging multiple defendants with a Civil War-era statute—18 U.S.C. § 372—which punishes (up to 6 years in prison) those who intimidate “officers of the United States” from their posts. The DOJ charges that J6ers conspired to chase Members of Congress from Capitol Hill in violation of Section 372. Once again, the DOJ is unfairly prosecuting J6ers under a statute that does not apply to their conduct.
https://www.declassified.live/p/guest-column-doj-dusts-off-civil