‘Destroyed People’s Lives’: Rep. Spartz Confronts Merrick Garland Over Treatment Of Jan 6 Protesters

U.S. Rep. Victoria Spartz (R-IN) confronted Attorney General Merrick Garland over the Department of Justice’s use of an obscure statute to charge January 6 protesters with felonies when they would have otherwise faced misdemeanor trespassing charges.

In January, the Supreme Court agreed to hear Fischer v. United States, a case centered on the obstruction count. Federal prosecutors have charged hundreds of peaceful January 6 protesters with violating 18 USC Section 1512(c)(2), obstructing or impeding an official proceeding, a felony that carries a maximum prison term of 20 years. Hundreds of defendants have been sentenced to lengthy prison terms under the statute when they would have otherwise faced low-level misdemeanors.

The obscure legal theory advanced by prosecutors draws from the Enron corruption scandal and is expected to be struck down by the Supreme Court. Still, D.C. judges and federal prosecutors have already vowed to ignore the Supreme Court’s expected ruling and take the unprecedented step of sentencing protesters to lengthy prison terms on misdemeanor charges.

On Tuesday, Rep. Spartz confronted Garland over his department’s use of the statute and aggressive pursuit of January 6 protesters.

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“Okay, so the history, the section was legislated for Sarbanes–Oxley, with Enron’s situation to deal with a situation that happened under financial crimes, right? And actually, the title is a tampering with a witness, victim, and informant. Is that correct? You agree with that?” Spartz asked.

After a back and forth over the merits of the statute, Spartz asked Garland if his department has any plans to deal with the hundreds of peaceful protesters who were convicted of felonies and sentenced to lengthy prison terms if the Supreme Court sides with Fischer, which it is expected to do.

“Our plan is that we will follow the law that the Supreme Court tells us. We don’t know yet what the Supreme Court will say. I can assure you we will follow what the Supreme Court says,” Garland said.

“Well, your ambiguous interpretation destroys people’s lives,” Spartz replied.

More than three years after the January 6 protests, the Biden DOJ continues to hunt down and arrest January 6 protesters for predominantly non-violent crimes. More than 1,400 Americans have been charged, while the DOJ has stated that more than 2,000 cases could be brought by the time statutes of limitations expire.

While January 6 protesters are raided by armed FBI tactical teams, shackled and thrown in prison, the Biden DOJ has employed no such standard for violent BLM and Antifa rioters who ransacked downtown D.C. for days in 2020. Not one person who stormed the White House and forced former President Donald Trump into a secure bunker in June 2020 was ever charged.

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