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The Federalist: Oral Argument in J6 Case Exposes DOJ's Partisan Lawfare

This article was written by Margot Cleveland and published in The Federalist.

The Supreme Court heard oral argument Tuesday in a criminal appeal challenging the Biden administration’s use of a catch-all provision in a federal statute focused on the destruction of evidence to charge hundreds of J6 defendants with a 20-year felony. Over the course of the hour-long argument, the government made clear its view that the federal statute at issue, 18 U.S.C. 1512(c)(2), had an expansive reach — other than when Antifa burns a courthouse, a member of Congress pulls a fire alarm, or mostly peaceful protesters delay court or congressional proceedings.


Anyone paying the slightest attention to the Biden administration’s prosecution of J6 protesters and its slap-on-the-wrist coddling of other protesters knows there’s a double standard in play. But the justices’ questioning of the Biden administration during Tuesday’s oral argument in Fischer v. United States forced the government to attempt to justify that disparate treatment



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