The justices heard arguments in Joseph Fischer’s appeal of a lower court’s ruling rejecting his attempt to escape a federal charge of corruptly obstructing an official proceeding - the congressional certification of President Joe Biden’s victory over Trump that the rioters sought to prevent on Jan. 6, 2021.
They did ask some good points. I would like to see justice served here but he is facing multiple charges and the one they are questioning involves trying to prevent official proceedings under specific conditions… Which could potentially apply to pulling a fire alarm, protesting, etc. I’m not sure all the specifics, but it does seem unusual to try to use this charge when it has not been applied in other instances.
Unless you specify, as you should, that this happened IN THE CAPITOL BUILDING.
Where do you think Democrat Rep. Jamaal Bowman pulled the fire alarm, or that the Ocasio-Cortez protesters that stormed Pelosi’s office?
I think that Bowman was in the building legally and I don’t know anything about the other event, so I can’t comment.
Was it legal for Bowman to be there though if he had the intention of committing a crime? Do people with access to their workplace, have the right to go there with the intention of committing a crime?
Yes, just like it’s legal for you to be in a bank if you have the intention of robbing it because it isn’t a crime until you actually do it. Breaking into and occupying the Capitol is in itself a crime.
So what about unlawful purpose and abuse of right doctrines?
If I’m supposed to know what those are, I don’t, but do they make occupying the capitol not a crime? Do they make intending to pull a fire alarm a crime before you pull it? Because otherwise, I don’t know how they would be relevant to either scenario.
So you admit to not knowing law but then make some statement saying that going to a bank with the intention of robbing it is fine until you actually rob it?
Yes they can mean that you don’t have a legal right to be somewhere if you went there with the intention of committing a crime.