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 function.
The statute was enacted shortly after the Enron scandal of the early 2000s to offer oversight into fraud and corruption inside the accounting business.
The regulation’s originators by no means conceived of its use in a presidential certification course of, a lot much less towards peaceable demonstrators who merely exercised their First Modification rights to protest a contested election.
However, radical attorneys inside the DOJ, abetted by outdoors lawfare teams, took it upon themselves to fully pervert the statute’s which means.
Slightly than preventing accounting fraud, it was now being weaponized by vindictive, bad-faith actors inside the DOJ to disclaim J6 political prisoners of elementary rights, and in lots of circumstances, imprison them with merciless and unusually lengthy sentences.
The statute’s imprecise wording that was the main focus of a lot of the Supreme Court docket’s determination in Fischer had beforehand given the DOJ handy cowl to stretch its building 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 downside: 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 Basic: “Has the Authorities utilized this provision to different protests up to now and has this been the Authorities’s place all through the lifespan of the statute?”
The apparent reply, after all, is not 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 towards tons of of political demonstrators.
This included many who by no means touched a police officer nor even broke a window, a bunch that features President Trump.
Actually, the federal government’s arguments for utilizing the statute towards J6ers had 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 is not any reasonable: she is a real believer within the Progressive trigger. She admitted as a lot in her determination, sustaining that the January 6th protest constituted a political revolt, although there was no sensible 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 shops just like the NY Instances, Washington Publish, and MSNBC.
That even Justice Jackson may, to her credit score, readily establish the deep errors within the Authorities’s argument demonstrates simply how ridiculous the Authorities’s complete 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 determination beneath.
That, for all intents and functions, ought to have been the top 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 circumstances by which proof tampering was an overriding concern.
Usually, that would come with solely these circumstances envisioned by the statute’s framers – circumstances like accounting fraud, and proceedings arising therefrom.
Not presidential certification proceedings, that are largely political and ceremonial in nature, and never the form of continuing particularly appropriate for litigation. Actually not within the overwhelming majority, if any in any respect, of J6 circumstances.
Furthermore, the sort 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 non-public account, for instance, aren’t contemplated by the statute – and couldn’t probably, based mostly on the Supreme Court docket’s very slim Fischer holding, be supplied as proof of legal 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 towards 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 basically 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 determination.
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 certainly one of hundreds of thousands of Individuals who was rightly indignant in regards to 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 girls 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 received violent – nor did she even commit a lot as a misdemeanor. She didn’t assault any law enforcement officials; she didn’t break any home windows.
She adopted the swarm of demonstrators into the Capitol, a lot of whom had 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 Individuals – of time, vitality, and treasured assets. She misplaced a few years of her life preventing the system.
The lawfare took an infinite toll on her: emotionally and bodily. As a younger girl hoping to start out 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 mainly diminished 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 towards 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, although a lesser man or girl wouldn’t – and with justification.
She entered a plea deal to a number of misdemeanor expenses, which all basically boiled all the way down to trespassing, although she didn’t do something improper – apart from – Heaven forbid! – train her First Modification rights and stroll right into a public constructing that she pays along 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 reside below a banana republic system, replete with kangaroo courts and vindictive judges who discovered responsible verdicts for individuals it disliked, fairly than presuming innocence and dealing via the information and the regulation to achieve 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 beliefs.
She possible figured that she would boldly sort out any punishment her authorities, nevertheless improper, doled out to her – and simply grind via 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 had been pressured to flee.
In any case, what different selection did she have? It was not like Baez was distinctive, both; 1000’s of her fellow patriots had 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, essentially the most highly effective man on this 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 acquired some excellent news when the Supreme Court docket dominated that 1512 couldn’t be weaponized towards J6 demonstrators.
The infamous obstruction of justice statute was one which DOJ prosecutors connected to her comparatively late within the sport to make sure that she would obtain a prolonged sentence. 1512 was the bugaboo of tons of of J6 defendants, together with President Trump himself, and was essentially the most fleshed out authorized principle 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 may mainly learn no matter she or he needed into it.
The previous saying {that a} expert prosecutor can indict a ham sandwich was the M.O. right here.
Thus, when the Fischer determination was handed down, it appeared just like the wind had been knocked out of the Authorities’s sails.
Slightly than the bold building 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 information.
These had been information that carefully tracked the letter and intent of 1512’s authentic function.
So, straightforward victory? Not so quick. Slightly than abide by the authority of their superiors, decrease courts – performing together with the DOJ – as a substitute doubled down on their scheming.
The place many courts, together with Alvin Bragg’s legal case towards Trump in Manhattan and Jack Smith’s indictment in DC, started delaying – in some circumstances, indefinitely – their lawfare towards the 45th President, in lower-profile circumstances like Baez, the Authorities really put extra power on the pedal.
In Baez’ case, fairly than at the least wait till the subsequent administration was sworn in earlier than continuing ahead, understanding that Trump carried a mandate from the individuals 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 the moment stand, Baez continues to be dealing with a serious felony trial in a number 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 number of information to contrive a very completely different principle of the case, one they declare is in step with Fischer, although 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 function: 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 achieved higher by merely tackling the principle problem head on: that J6 demonstrators shouldn’t be topic to political persecution. The lack to cope with points instantly created ambiguities within the regulation. These ambiguities allowed unhealthy religion actors, sensing the Court docket’s uncertainty, to pounce on the bulk’s perceived weak spot, 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 part – emotionally, bodily, and financially.
She can not afford the transportation prices to fly herself to the trial, not to mention pay for the exorbitant and inhumane authorized charges that she’s going to little doubt incur, whatever the end result, on account of being dragged via 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 possible ever expertise, is just not going to vary the rot on the DOJ in a single day.
It would 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 the direction of her – and her attorneys – can 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 aid you give will go a lengthy approach in the direction of fixing the weaponized justice system, and at last delivering the justice that individuals like Stephanie Baez, and tons of of others, have waited for therefore lengthy – and deserve after so a few years of darkness and uncertainty. On behalf of Stephanie Baez and her household, thanks on 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!
