A Modicum of J6 Justice: Fischer v. United States – Robert W. Malone MD 6/29/24

Source: rwmalonemd.substack.com

“We are all grateful to the Supreme Court for standing up for the depoliticized common sense that a person obstructs justice only if he impairs evidence.”

Nicholas Smith- The attorney who argued Fischer before the Supreme Court

Readers of this Substack may recall a prior post that included the brave but bizarre story of Mr. John Strand, who was sentenced to a 32-month prison term for entering the capital on January 06 as a bodyguard for Dr. Simone Gold, MD, JD.

Dr. Gold, a leader of America’s Frontline Doctors group, pleaded guilty to lesser J6 charges, was sentenced to jail, completed her 60-day prison term for misdemeanor trespassing, and was released. John would not accept the plea deal offered by the Biden Department of “Justice.” After he refused the plea deal, he had a rather cooked set of contrived charges thrown at him. This was followed by yet more examples of how corporate media will aggressively smear those who are labeled as enemies of the Blob/Administrative state. This whole sordid affair represents another case of arbitrary and capricious weaponization of the government against political opponents by the Biden administration and its lapdog media.

By way of disclosure of any appearance of a potential conflict of interest, I respect Dr. Simone Gold and consider her both a friend and a valued professional colleague. I am not a member of America’s Frontline Doctors, but have been honored to speak by invitation at some of their events.

As a consequence of today’s Supreme Court ruling in Fischer v. United States, John Strand will hopefully be released within the next three weeks. He has been tested in the crucible of history, passed the test with his integrity intact, and retained ownership of his soul. In my opinion, he deserves a hero’s welcome upon his release.

You can learn more about John Strand and his story at his website, or via The following Epoch Times documentaries:

The Real Story of January 6

Part 2 features John’s story

The Real Story of January 6 Part 2: The Long Road Home

Additional information can be found at the bottom of this Substack post.

In the official Americas Frontline Doctors press release published below, Dr. Gold has summarized the context, meaning, and details of today’s Supreme Court decision in the case of Fischer v United States.

Politically Persecuted J6 Defendants Advance Toward Justice

Washington, DC. – June 28, 2024. The High Court’s decision has brought down the entire house of cards that is the selective prosecution of the J6 defendants by the DOJ and has proven that the United States of America still operates under the rule of law.

On Friday, June 28, 2024, SCOTUS delivered a 6-3 decision in  the landmark Fischer v. USA case. Chief Justice Roberts delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, and Jackson joined. Jackson filed a concurring opinion. Barrett filed a dissenting opinion, in which Sotomayor and Kagan  joined.

“To prove a violation of Section 1512(c)(2), the Government must establish that the defendant impaired the availability or integrity for use in an official proceeding of records, documents, objects, or as we earlier explained, other things used in the proceeding, or attempted to do so. The judgment of the D. C. Circuit is therefore vacated, and the case is remanded for further proceedings consistent with this opinion. On remand, the D. C. Circuit may assess the sufficiency of Count Three of Fischer’s indictment in light of our interpretation of Section 1512(c)(2).”

– Chief Justice Roberts

AFLDS applauds SCOTUS for recognizing and correcting the tremendous miscarriage of justice perpetrated on hundreds of ordinary Americans across the country. The federal government’s weaponization of 18 USC § 1512(c)(2) was unquestionably used to charge the J6 defendants with a maximized 20-year felony and punish them for daring to exercise their First Amendment right to protest the actions of their elected officials.

To date, more than 355 J6 defendants have been unjustly charged with “corruptly” obstructing, influencing, or impeding an official proceeding or attempting to do so. Many have been sentenced to prison time ranging from 8 months to more than 4 years, and over 100 are still political prisoners today.

As stated by AFLDS’ affiliate attorney, David Dalia:

“The statute at issue in Fischer, 18 U.S.C. § 1512, is titled ‘Tampering with a witness, victim or an informant.” 18 U.S.C. § 1512(c)(1) punishes anyone who ‘alters, destroys, mutilates, or conceals’ evidence. None of the J6 defendants tampered with any evidence. So it’s very gratifying that the Supreme Court in Fischer decided today that the (c) (2) residuary clause must be read narrowly ,  and that the ‘otherwise’ provision of §1512(c)(2) is limited by the list of specific ‘evidence tampering’ criminal violations that precede it in (c)(1).  The residuary clause does NOT extend to acts unrelated to evidence tampering, such as mere misdemeanor trespass.”

Mr. Dalia continued,

“This § 1512(c)(2) residuary clause was relentlessly stretched by the DOJ to overcharge the J6 defendants for mere misdemeanor trespass, unlawfully giving the DOJ powerful leverage to wring plea agreements from defendants under the threat of illegal and extremely lengthy felony prison terms. Although J6 defendants were incessantly branded by the mainstream media as ‘insurrectionists,’ not one person was ever charged with insurrection, which ‘only’ carries a 10 year prison term. Instead, all were charged with §1512(c)(2)’s 20-year prison term. Thankfully, this unjust overcharge was rejected today by SCOTUS. Now all of the J6 defendants are entitled to have their long jail sentences immediately recalculated. In the vast majority of cases, this should result in their release. Relief for these long-suffering J6 defendants cannot come soon enough.” 

In response to SCOTUS’ ruling in the Fischer Case, AFLDS Founder and President Dr. Simone Gold, firmly declared that the High Court’s decision is a “critical  step for preserving the rule of law in our nation. With >300,000 federal statutes providing pretext for federal prosecutors to target and selectively persecute anyone with an unrelated felony charge, SCOTUS has averted a dangerous precedent that would have been felt far beyond Fischer. This is a victory for all Americans and a monumental defeat for those attempting to legalize fascism in our country.”

Dr. Gold added, “This is also a very personal victory to me. I faced this felony charge and chose to accept a plea deal because of the lengthy 20-year sentence. My friend and co-worker, John Strand, is currently serving a 30-month sentence in federal prison because he refused to accept a plea for this dishonest – and now definitively illegal – charge.”

The High Court’s ruling sends a clear message that the selective persecution of the government’s “political enemies” will not be tolerated in the United States of America.  AFLDS stands in solidarity with the J6 prisoners and their families. We will continue to fight for our First Amendment right to free speech and the right to peaceably assemble.

If you would like to see an example of how this statute was illegally used as a weapon to silence political protesters, please visit the website of AFLDS Creative Director JohnStrand.com and watch the video and please consider a donation to his legal defense.

John Strand is still in prison….

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