Scroll Down For Stephanie Baez’s Name To Motion!
In June, the Supreme Court docket handed J6 defendants a long-awaited victory by successfully gutting the 1512 obstruction of justice statute.
Main as much as that call, the DOJ had been utilizing the statute in a context completely unrelated to its authentic intent and objective.
The statute was enacted shortly after the Enron scandal of the early 2000s to supply oversight into fraud and corruption inside the accounting business.
The legislation’s originators by no means conceived of its use in a presidential certification course of, a lot much less in opposition to peaceable demonstrators who merely exercised their First Modification rights to protest a contested election.
However, radical attorneys inside the DOJ, abetted by exterior lawfare teams, took it upon themselves to fully pervert the statute’s that means.
Slightly than combating accounting fraud, it was now being weaponized by vindictive, bad-faith actors inside the DOJ to disclaim J6 political prisoners of basic rights, and in lots of instances, imprison them with merciless and unusually lengthy sentences.
The statute’s obscure wording that was the main focus of a lot of the Supreme Court docket’s choice in Fischer had beforehand given the DOJ handy cowl to stretch its development to absurd lengths.
That is how a statute enacted to restrict the tampering of proof to guard whistleblowers in a continuing for accounting fraud turned twisted and utilized in a very overseas space – particularly, the context of punishing J6 defendants.
A lot of the oral argument centered on this evident drawback: how a statute that was designed very clearly in a single space was being weaponized to crack down on political dissidents.
Justice Thomas requested this query level clean to Biden’s Solicitor Normal: “Has the Authorities utilized this provision to different protests prior to now and has this been the Authorities’s place all through the lifespan of the statute?”
The apparent reply, in fact, isn’t any – which the SG did lastly admit after waffling forwards and backwards with the Justice.
Nonetheless, that minor oversight not cease the DOJ from marching ahead with its prosecution – which it did with shameless abandonment in opposition to lots of of political demonstrators.
This included many who by no means touched a police officer nor even broke a window, a gaggle that features President Trump.
The truth is, the federal government’s arguments for utilizing the statute in opposition to J6ers have been so ridiculous that even Justice Ketanji Brown Jackson, Biden’s solely Supreme Court docket nominee, discovered it problematic and sided with the 6-3 majority.
Jackson isn’t any reasonable: she is a real believer within the Progressive trigger. She admitted as a lot in her choice, sustaining that the January 6th protest constituted a political rebellion, regardless that there was no practical probability that any of these protesters had the intent, a lot much less means, to overthrow the federal government.
The entire thing was a lie made up by mainstream media retailers just like the NY Instances, Washington Put up, and MSNBC.
That even Justice Jackson might, to her credit score, readily establish the deep errors within the Authorities’s argument demonstrates simply how ridiculous the Authorities’s entire cockamamie scheme was.
The Court docket’s majority likewise sided with the District Court docket in ruling that 1512’s authentic intent was stretched far past the boundaries of its intent and defies logic and customary sense, successfully overturning the Circuit Court docket’s choice under.
That, for all intents and functions, ought to have been the tip of the story.
The Supreme Court docket is the ultimate arbiter of statutory interpretation.
The Court docket held, very clearly, that 1512 is a slim statute, to be utilized strictly to instances through which proof tampering was an overriding concern.
Sometimes, that would come with solely these instances envisioned by the statute’s framers – instances like accounting fraud, and proceedings arising therefrom.
Not presidential certification proceedings, that are largely political and ceremonial in nature, and never the type of continuing particularly appropriate for litigation. Actually not within the overwhelming majority, if any in any respect, of J6 instances.
Furthermore, the type of proof implicated by 1512 essentially considerations tangible objects, or issues that threat being simply disposed of in a continuing implicating accounting fraud.
For instance, issues like paperwork and different objects that the statute seeks to protect for the aim of defending whistleblowers.
Social media posts made on one’s personal account, for instance, will not be contemplated by the statute – and couldn’t presumably, primarily based on the Supreme Court docket’s very slim Fischer holding, be supplied as proof of felony legal responsibility to show obstruction of an official continuing.
It’s an abomination that overzealous prosecutors have so egregiously misapplied 1512 within the first place, weaponizing the statute in opposition to J6 defendants in a context its designers by no means dreamed of. That may be a travesty.
However to proceed to weaponize the statute, even within the aftermath of Fischer, which primarily declared that 1512 can’t be used to prosecute J6 protestors, is many steps past the pale.
And but, that’s precisely what courts have continued to rule, even within the aftermath of the Supreme Court docket’s landmark choice.
The newest instance of that is the tragic case of Stephanie Baez, a January 6th defendant hit with the 1512 obstruction of justice statute.
Baez was one among hundreds of thousands of People who was rightly indignant concerning the fraudulent 2020 election. In response, she did what any patriotic American would do and made her voice heard by protesting alongside 1000’s of her fellow countrymen and ladies on the Capitol constructing on January 6th, 2021.
Baez’s protest was absolutely aligned with each the letter and spirit of the First Modification: she by no means bought violent – nor did she even commit a lot as a misdemeanor. She didn’t assault any cops; she didn’t break any home windows.
She adopted the swarm of demonstrators into the Capitol, a lot of whom have been actively ushered into the constructing by Capitol police. For her actions that day, federal prosecutors cracked down on her as if she was a member of ISIS.
They terrorized and tortured her, draining her – like so a lot of her fellow People – of time, power, and valuable assets. She misplaced a few years of her life combating the system.
The lawfare took an infinite toll on her: emotionally and bodily. As a younger lady hoping to begin a household, she suffered a number of miscarriages from all of the stress. She was out and in of hospitals.
She was bankrupted by the federal government, scarred, and principally decreased to a shell of her former self – the final word sufferer, certainly casualty, of invidious lawfare.
** Please donate to Stephanie Baez on the GiveSendGo web page: https://www.givesendgo.com/stephaniebaez.
Regardless of the indignities leveled in opposition to her by her personal authorities, Baez has held agency. She has absolutely cooperated with authorities officers this complete time. She has been absolutely clear and agreeable.
She has maintained a respectful demeanor, regardless that a lesser man or lady wouldn’t – and with justification.
She entered a plea deal to a number of misdemeanor fees, which all primarily boiled right down to trespassing, regardless that she didn’t do something flawed – aside from – Heaven forbid! – train her First Modification rights and stroll right into a public constructing that she pays together with her tax {dollars}.
Baez is the daughter of Mexican immigrants, who escaped from a Socialist authorities when she was younger.
Her household, who immigrated right here lawfully, has deep-seated recollections of what it was prefer to stay underneath a banana republic system, replete with kangaroo courts and vindictive judges who discovered responsible verdicts for folks it disliked, quite than presuming innocence and dealing by the details and the legislation to succeed in a responsible verdict, as a free justice system calls for.
Regardless of harboring recollections of Socialism, Baez nonetheless cooperated with authorities – understanding that little good would come out of rattling these presiding over a rigged system and who hated her guts merely due to her political opinions.
She probably figured that she would boldly sort out any punishment her authorities, nevertheless flawed, doled out to her – and simply grind by the ordeal, nevertheless a lot it troubled – and saddened – her to witness American justice descend to such horrific depths, on par with the Marxist regime that her mother and father have been compelled to flee.
In spite of everything, what different alternative did she have? It was not like Baez was distinctive, both; 1000’s of her fellow patriots have been equally prosecuted by a rigged and corrupt justice system clearly out to get those that demonstrated on behalf of President Trump.
If Donald Trump, probably the most highly effective man on the planet, couldn’t escape the heavy hand of an more and more tyrannical and weaponized system, what probability did she face?
On June 28, 2024, Baez thought she obtained some excellent news when the Supreme Court docket dominated that 1512 couldn’t be weaponized in opposition to J6 demonstrators.
The infamous obstruction of justice statute was one which DOJ prosecutors connected to her comparatively late within the recreation to make sure that she would obtain a prolonged sentence. 1512 was the bugaboo of lots of of J6 defendants, together with President Trump himself, and was probably the most fleshed out authorized concept for felonious conduct labored out by the Authorities.
1512 gave prosecutors ample ammunition to justify prolonged sentences, due to the 20-year statutory decree.
Furthermore, due to its ambiguous wording, it was a godsend for vindictive prosecutors; any bold prosecutor might principally learn no matter she or he wished into it.
The outdated saying {that a} expert prosecutor can indict a ham sandwich was the M.O. right here.
Thus, when the Fischer choice was handed down, it appeared just like the wind had been knocked out of the Authorities’s sails.
Slightly than the bold development most popular by Merrick Garland and co., which allowed the DOJ to take the nebulous statute to absurd lengths, the Court docket circumscribed its interpretation to a really restricted set of details.
These have been details that intently tracked the letter and intent of 1512’s authentic objective.
So, straightforward victory? Not so quick. Slightly than abide by the authority of their superiors, decrease courts – performing along with the DOJ – as a substitute doubled down on their scheming.
The place many courts, together with Alvin Bragg’s felony case in opposition to Trump in Manhattan and Jack Smith’s indictment in DC, started delaying – in some instances, indefinitely – their lawfare in opposition to the 45th President, in lower-profile instances like Baez, the Authorities truly put extra drive on the pedal.
In Baez’ case, quite than at the least wait till the subsequent administration was sworn in earlier than continuing ahead, understanding that Trump carried a mandate from the folks to finish these prosecutions, the DOJ has as a substitute superior Baez’s case, perniciously, ahead – refusing to delay Baez’s trial till after inauguration day.
So, as issues at present stand, Baez remains to be going through a significant felony trial in a couple of brief weeks – on December 3rd. Like many different J6 defendants hit with the 1512 obstruction of justice cost, the Authorities has simply tinkered with a couple of details to contrive a very completely different concept of the case, one they declare is per Fischer, regardless that it so flagrantly violates that call in each letter and spirit.
Duplicitous lawyering didn’t cease unhealthy religion actors from utilizing the 1512 statute in a context wholly unsuited to its authentic objective: why on earth would these identical actors be anticipated to abide by a choice that, for all intents and functions, ought to have neutered that statute’s use within the J6 context as soon as and for all?
(As an apart, the Supreme Court docket in all probability erred in relying totally on a authorized semantics argument to convey their disapproval within the J6 prosecutions. Slightly than happening legalistic frolics on obscure Latin canons like noscitur a sociis, the Court docket would have finished higher by merely tackling the primary difficulty head on: that J6 demonstrators shouldn’t be topic to political persecution. The lack to cope with points immediately created ambiguities within the legislation. These ambiguities allowed unhealthy religion actors, sensing the Court docket’s uncertainty, to pounce on the bulk’s perceived weak point, the place none ought to have existed, and triple down on their persecution. The lesson right here for conservatives is to by no means, ever waver — and at all times boldly proclaim the reality, plainly and with certainty, or face the implications for one’s cowardice afterward.)
Due to the pervasive cowardice all through our system, Stephanie Baez now finds herself as one other casualty of political persecution – a tragedy for a nation that purports to cherish the presumption of innocence and due course of as bedrock authorized ideas.
She is drained of every little thing – emotionally, bodily, and financially.
She can’t afford the transportation prices to fly herself to the trial, not to mention pay for the exorbitant and inhumane authorized charges that she is going to little doubt incur, whatever the consequence, on account of being dragged by this ordeal.
Stephanie Baez Name To Motion!
Stephanie Baez and her attorneys have an enormous endeavor on their palms, and President Trump’s victory, regardless of being the closest factor to a miracle that we are going to probably ever expertise, shouldn’t be going to alter the rot on the DOJ in a single day.
It is going to require everybody’s collective efforts to verify progress is made and a radical home cleansing of the DOJ, and remainder of the deep state, is delivered. President Trump’s political mandate is just as highly effective because the individuals who assist him. All of us have an element to play on this ongoing saga.
For the actual case of Stephanie Baez, the general public can present help. Any contribution in direction of her – and her attorneys – might be utilized on to the authorized charges and prices of her and different indigent January sixth defendants.
Baez is represented by attorneys on the Trump-supported Nationwide Constitutional Legislation Union. Any assist you give will go a lengthy means in direction of fixing the weaponized justice system, and at last delivering the justice that individuals like Stephanie Baez, and lots of of others, have waited for thus lengthy – and deserve after so a few years of darkness and uncertainty. On behalf of Stephanie Baez and her household, thanks to your contributions.
The Supreme Court docket struck down 1512’s use as a weapon of authorized lawfare. It’s excessive time the remainder of the justice system will get the memo.
** Please donate to Stephanie Baez on the GiveSendGo web page: https://www.givesendgo.com/stephaniebaez.
Thanks, and God bless!
