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 that was perpetrated on many 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 with 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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Media Contact Lisa Alexander, Communications Director | Media@AFLDS.org