Julie Kelly Commentary: The Supreme Court Can Right an Egregious Wrong in Jan 6 Cases, But Will It?

In July 2023, Joshua Youngerman was arrested in California on five misdemeanors for his participation in the events of January 6. According to charging documents, Youngerman entered the Capitol at 2:37 p.m. — 20 minutes after the House went into recess amid the escalating chaos — through an open door as Capitol Police stood by. He exited through the same door two minutes later. But just last week, U.S. Attorney for the District of Columbia Matthew Graves added another charge to Youngerman’s case: 18 U.S.C. § 1512(c)(2), obstruction of an official proceeding. Youngerman is one of more than 330 J6ers charged with the evidence-destroying statute passed in the wake of the Enron-Arthur Anderson accounting scandal that Joe Biden’s Justice Department has weaponized to punish Americans who protested Biden’s election that afternoon. The count also is included in both of Special Counsel Jack Smith’s indictments against Donald Trump. Graves’ decision to indict Youngerman now is a stunning act of hubris and defiance. Why? Because the Supreme Court will hear oral arguments this Tuesday in Joseph Fischer v. USA, which challenges the government’s interpretation of the obstruction count in Jan 6 cases. Many legal and court observers expect the court to wholly or partially overturn how the…

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