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Despite Supreme Court 1512 Ruling, DOJ Still Cracking Down On J6 Defendants Like Stephanie Baez – Demonstrating That Lawfare Won’t End Until President Trump Is Sworn In And Cleans Out Deep State

Posted on Wednesday, November 20, 2024
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by Paul Ingrassia
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In June, the Supreme Court handed J6 defendants a long-awaited victory by effectively gutting the 1512 obstruction of justice statute.  Leading up to that decision, the DOJ had been using the statute in a context totally unrelated to its original intent and purpose.  The statute was enacted shortly after the Enron scandal of the early 2000s to provide oversight into fraud and corruption within the accounting industry.  The law’s originators never conceived of its use in a presidential certification process, much less against peaceful demonstrators who simply exercised their First Amendment rights to protest a contested election.  Nevertheless, radical lawyers within the DOJ, abetted by outside lawfare groups, took it upon themselves to completely pervert the statute’s meaning.  Rather than fighting accounting fraud, it was now being weaponized by vindictive, bad-faith actors within the DOJ to deny J6 political prisoners of fundamental rights, and in many cases, imprison them with cruel and unusually long sentences.  The statute’s vague wording that was the focus of much of the Supreme Court’s decision in Fischer had previously given the DOJ convenient cover to stretch its construction to absurd lengths.  This is how a statute enacted to limit the tampering of evidence to protect whistleblowers in a proceeding for accounting fraud became twisted and applied in a completely foreign area – namely, the context of punishing J6 defendants. 

Much of the oral argument centered on this glaring problem: how a statute that was designed very clearly in one area was being weaponized to crack down on political dissidents.  Justice Thomas asked this question point blank to Biden’s Solicitor General: “Has the Government applied this provision to other protests in the past and has this been the Government’s position throughout the lifespan of the statute?”  The obvious answer, of course, is no – which the SG did finally admit after waffling back and forth with the Justice.  However, that minor oversight did not stop the DOJ from marching forward with its prosecution – which it did with shameless abandonment against hundreds of political demonstrators.  This included many who never touched a police officer nor even broke a window, a group that includes President Trump.  In fact, the government’s arguments for using the statute against J6ers were so ridiculous that even Justice Ketanji Brown Jackson, Biden’s only Supreme Court nominee, found it problematic and sided with the 6-3 majority. 

Jackson is no moderate: she is a true believer in the Progressive cause.  She admitted as much in her decision, maintaining that the January 6th protest constituted a political insurrection, even though there was no realistic chance that any of those protesters had the intent, much less means, to overthrow the government.  The whole thing was a lie made up by mainstream media outlets like the NY Times, Washington Post, and MSNBC.  That even Justice Jackson could, to her credit, readily identify the deep errors in the Government’s argument demonstrates just how ridiculous the Government’s whole cockamamie scheme was.  The Court’s majority likewise sided with the District Court in ruling that 1512’s original intent was stretched far beyond the boundaries of its intent and defies logic and common sense, effectively overturning the Circuit Court’s decision below.  That, for all intents and purposes, should have been the end of the story.  The Supreme Court is the final arbiter of statutory interpretation.  The Court held, very clearly, that 1512 is a narrow statute, to be applied strictly to cases in which evidence tampering was an overriding concern.  Typically, that would include only those cases envisioned by the statute’s framers – cases like accounting fraud, and proceedings arising therefrom.  Not presidential certification proceedings, which are largely political and ceremonial in nature, and not the sort of proceeding especially suitable for litigation.  Certainly not in the overwhelming majority, if any at all, of J6 cases.

Moreover, the kind of evidence implicated by 1512 necessarily concerns tangible items or things that risk being easily disposed of in a proceeding implicating accounting fraud.  For example, things like documents and other objects that the statute seeks to preserve for the purpose of protecting whistleblowers.  Social media posts made on one’s private account, for example, are not contemplated by the statute – and could not possibly, based on the Supreme Court’s very narrow Fischer holding, be offered as evidence of criminal liability to prove obstruction of an official proceeding.  It is an abomination that overzealous prosecutors have so egregiously misapplied 1512 in the first place, weaponizing the statute against J6 defendants in a context its designers never dreamed of.  That is a travesty.  But to continue to weaponize the statute, even in the aftermath of Fischer, which essentially declared that 1512 cannot be used to prosecute J6 protestors, is many steps beyond the pale. 

And yet, that is exactly what courts have continued to rule, even in the aftermath of the Supreme Court’s landmark decision.  The latest example of this is the tragic case of Stephanie Baez, a January 6th defendant hit with the 1512 obstruction of justice statute.  Baez was one of millions of Americans who were rightly indignant about the fraudulent 2020 election.  In response, she did what any patriotic American would do and made her voice heard by protesting alongside thousands of her fellow countrymen and women at the Capitol building on January 6th, 2021.  Baez’s protest was fully aligned with both the letter and spirit of the First Amendment: she never got violent – nor did she even commit so much as a misdemeanor.  She did not assault any police officers; she did not break any windows.  She followed the swarm of demonstrators into the Capitol, many of whom were actively ushered into the building 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 many of her fellow Americans – of time, energy, and precious resources. She lost many years of her life fighting the system. The lawfare took an enormous toll on her: emotionally and physically.  As a young woman hoping to start a family, she suffered multiple miscarriages from all the stress.  She was in and out of hospitals.  She was bankrupted by the government, scarred, and basically reduced to a shell of her former self – the ultimate victim, indeed casualty, of invidious lawfare.

Despite the indignities leveled against her by her own government, Baez has held firm. She has fully cooperated with government officials this entire time.  She has been fully transparent and agreeable.  She has maintained a respectful demeanor, even though a lesser man or woman would not – and with justification.  She entered a plea deal to several misdemeanor charges, which all essentially boiled down to trespassing, even though she did not do anything wrong – other than – Heaven forbid! – exercise her First Amendment rights and walk into a public building that she pays with her tax dollars.  Baez is the daughter of Mexican immigrants, who escaped from a Socialist government when she was young.  Her family, who immigrated here lawfully, has deep-seated memories of what it was like to live under a banana republic system, replete with kangaroo courts and vindictive judges who found guilty verdicts for people it disliked, rather than presuming innocence and working through the facts and the law to reach a guilty verdict, as a free justice system demands.

Despite harboring memories of Socialism, Baez still cooperated with authorities – understanding that little good would come out of rattling those presiding over a rigged system and who hated her guts simply because of her political views.  She likely figured that she would boldly tackle any punishment her government, however wrong, doled out to her – and just grind through the ordeal, however much it troubled – and saddened – her to witness American justice descend to such horrific depths, on par with the Marxist regime that her parents were forced to flee.  After all, what other choice did she have?  It was not like Baez was unique, either; thousands of her fellow patriots were similarly prosecuted by a rigged and corrupt justice system clearly out to get those who demonstrated on behalf of President Trump. If Donald Trump, the most powerful man in the world, could not escape the heavy hand of an increasingly tyrannical and weaponized system, what chance did she face?

On June 28, 2024, Baez thought she received some good news when the Supreme Court ruled that 1512 could not be weaponized against J6 demonstrators.  The notorious obstruction of justice statute was one that DOJ prosecutors attached to her relatively late in the game to ensure that she would receive a lengthy sentence.  1512 was the bugaboo of hundreds of J6 defendants, including President Trump himself, and was the most fleshed-out legal theory for felonious conduct worked out by the Government.  1512 gave prosecutors sufficient ammunition to justify lengthy sentences, because of the 20-year statutory decree.  Moreover, because of its ambiguous wording, it was a godsend for vindictive prosecutors; any ambitious prosecutor could basically read whatever he or she wanted into it.  The old saying that a skilled prosecutor can indict a ham sandwich was the M.O. here. 

Thus, when the Fischer decision was handed down, it appeared like the wind had been knocked out of the Government’s sails.  Rather than the ambitious construction preferred by Merrick Garland and co., which allowed the DOJ to take the nebulous statute to absurd lengths, the Court circumscribed its interpretation to a very limited set of facts.  These were facts that closely tracked the letter and intent of 1512’s original purpose.

So, easy victory?  Not so fast. Rather than abide by the authority of their superiors, lower courts – acting in conjunction with the DOJ – instead doubled down on their scheming.  Where many courts, including Alvin Bragg’s criminal case against Trump in Manhattan and Jack Smith’s indictment in DC, began delaying – in some cases, indefinitely – their lawfare against the 45th President, in lower-profile cases like Baez, the Government actually put more force on the pedal.  In Baez’s case, rather than at least wait until the next administration was sworn in before proceeding forward, understanding that Trump carried a mandate from the people to end these prosecutions, the DOJ has instead advanced Baez’s case, perniciously, forward – refusing to delay Baez’s trial until after inauguration day.

So, as things currently stand, Baez is still facing a major felony trial in a few short weeks – on December 3rd.  Like many other J6 defendants hit with the 1512 obstruction of justice charge, the Government has just tinkered with a few facts to contrive a totally different theory of the case, one they claim is consistent with Fischer, even though it so flagrantly violates that decision in both letter and spirit.

Duplicitous lawyering did not stop bad faith actors from using the 1512 statute in a context wholly unsuited to its original purpose: why on earth would these same actors be expected to abide by a decision that, for all intents and purposes, should have neutered that statute’s use in the J6 context once and for all? (As an aside, the Supreme Court probably erred in relying primarily on a legal semantics argument to convey their disapproval of the J6 prosecutions.  Rather than going down legalistic frolics on obscure Latin canons like noscitur a sociis, the Court would have done better by simply tackling the main issue head-on: that J6 demonstrators should not be subject to political persecution.  The inability to deal with issues directly created ambiguities in the law.  These ambiguities allowed bad faith actors, sensing the Court’s uncertainty, to pounce on the majority’s perceived weakness, where none should have existed, and triple down on their persecution.  The lesson here for conservatives is to never, ever waver — and always boldly proclaim the truth, plainly and with certainty, or face the consequences for one’s cowardice later on.) 

Because of the pervasive cowardice throughout our system, Stephanie Baez now finds herself as another casualty of political persecution – a tragedy for a nation that purports to cherish the presumption of innocence and due process as bedrock legal principles.  She is drained of everything – emotionally, physically, and financially.  She cannot afford the transportation costs to fly herself to the trial, let alone pay for the exorbitant and inhumane legal fees that she will no doubt incur, regardless of the outcome, as a result of being dragged through this ordeal.

Stephanie Baez Call To Action!

Stephanie Baez and her lawyers have a huge undertaking on their hands, and President Trump’s victory, despite being the closest thing to a miracle that we will likely ever experience, is not going to change the rot at the DOJ overnight.  It will require everyone’s collective efforts to make sure progress is made and a thorough house cleaning of the DOJ, and rest of the deep state, is delivered.  President Trump’s political mandate is only as powerful as the people who support him.  We all have a part to play in this ongoing saga. 

For the particular case of Stephanie Baez, the public can provide assistance.  Any contribution towards her – and her lawyers – will be applied directly to the legal fees and costs of her and other indigent January 6th defendants. 

Baez is represented by lawyers at the Trump-supported National Constitutional Law Union.  Any help you give will go a long way towards fixing the weaponized justice system, and finally delivering the justice that people like Stephanie Baez, and hundreds of others, have waited for so long – and deserve after so many years of darkness and uncertainty.  On behalf of Stephanie Baez and her family, thank you for your contributions.

The Supreme Court struck down 1512’s use as a weapon of legal lawfare. It’s high time the rest of the justice system gets the memo.

Please donate to Stephanie Baez at the following GiveSendGo page: https://www.givesendgo.com/stephaniebaez.

Thank you and God bless!

Paul Ingrassia is a Constitutional Scholar; Communications Director of the NCLU; a two-time Claremont Fellow, and is on the Board of Advisors of the New York Young Republican Club and the Italian American Civil Rights League. He writes a widely read Substack that is regularly posted on Truth Social by President Trump. Follow him on X @PaulIngrassia, Substack, Truth Social, Instagram, and Rumble.

The opinions expressed by columnists are their own and do not necessarily represent the views of AMAC or AMAC Action.

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Spitfire?
Spitfire?
17 days ago

I suggest that Merrick Garland,The whole Biden clan,Harris and what the hell,the entire pus ridden Biden Administration be put on public trial to answer for their crimes against The People.

Lieutenant Beale
Lieutenant Beale
17 days ago

These same Democrats had the absolute unmitigated gall to call for “unity” now that they got their butts handed to them on Nov 5th and yet they still try to do as much damage as they can with lawfare and other nefarious schemes on their way out.
Unity my arse. No mercy, No compromise, No quarter for anyone in this sorry contemptuous administration.
Enough is enough.

anna hubert
anna hubert
17 days ago

I would like to know where the Department of so called justice stands on millions of illegals in this country, spreading crime and disease, where do they stand on the children unacounted for and missing and all the rapes and murders.

David Millikan
David Millikan
17 days ago

Instead of the DOJ going after biden/harris for espionage and treason they go after Innocent Americans and President Trump. Especially, since the Capital Police opened the doors on January 6, 2021, (Who Killed an Unarmed American Veteran with No Charges Filed against Capital Police) and let people in who were protesting Peacefully. No insurrection or riot existed. No one was armed. But the Cowards of the DOJ don’t go after antifa and blm who committed riots and destruction of Federal buildings, Law Enforcement buildings, Businesses, Killing people, Burning Cities with Communist harris Bailing them out (which disqualified her immediately when she ran for vp) and no charges against these actual criminals including biden/harris. Don’t forget that Dictator Beijing biden SOLD our National Strategic Oil Reserves to Communist China which is espionage and treason by itself. Then the DOJ still hasn’t gone after the Illegal Communist Chinese Police Stations on U.S. Soil which is an Act of War by Invasion just like biden/harris Illegal Alien Terrorist Invasion. Where’s the DOJ on that? Attacking Innocent Americans.

Pat R
Pat R
17 days ago

I’ve been donating to a fellow retired Virginian (and retired disabled veteran Navy officer who lives with chronic pain) for his legal defense. He spent 53 days in jail, most in solitary confinement. All the charges have been dismissed except one, Tampering with Evidence. It’s based on his removing photos posted on his Facebook page, even though those dated photos are still accessible on his cell phone.
They had a farm but had to sell equipment as well as livestock, so far only having barely managed to keep the property. He was 66 when he and his wife went to DC to hear Pres.Trump’s speech and go to Capital to peacefully protest (their right under 1st Amendment).
These cases are definitely political lawfare against supporters of someone the accusers want to destroy. So they attack supporters in hopes of intimidating anyone from publicly supporting him. And heaven forbit they would vote for him if he were able to run again. So now those accusers/prosecutors just may be in panic mode.

Nick
Nick
16 days ago
  1. Today the Department of Justice is an oxymoron. When Trump takes office they will all be out of a job and J 6 defendants will be pardoned
Robert Zuccaro
Robert Zuccaro
16 days ago

Ray Epps is on YouTube inciting violence against capitol police but was never charged, why? Those who committed violence or vandalism should be charged appropriately but those just following the crowd ushered in by capitol guards (also on video) should not. And since when is a cop shooting an unarmed person ruled “justified”? Justice for Ashley!

Felix
Felix
16 days ago

The January 6 “unselect committee” was, and is the most un American, un Constitutional use of the the Justice Department to persecute political opposition ever. President Trump should issue a blanket pardon. And every member of that committee should be charged with using their office to illegally prosecute and persecute innocent citizens.

FedUp
FedUp
16 days ago

Biden, Garland, Harris, and every judge/lawyer in these shame trials should be arrested and disbarred.

Chris Baker
Chris Baker
16 days ago

It’s no wonder people say that 99% of lawyers give the rest a bad name.

Louis
Louis
16 days ago

First, the most important thing is to get the J6 prisoners OUT. Then replace them with the prosecutors that illegally put them there, starting with Merrill. Next comes renumeration. This should be decided on a per case situation: time spent incarcerated, financial loss, mental anguish and stress to family and in cases like Stephanie Baez, the stress and mental anguish she suffered and financial loss leading up to her “trial” must also be taken into account. Those responsible for this injustice should be penalized according to their political rank up to and including death sentence. Anything less I would consider a travesty of justice.

Rhonda
Rhonda
16 days ago

In my opinion, it is long past time for the gloves to come off. The only response Dimms have to cooperation and bipartisanship is to stab Repub. in the back.

Melinda
Melinda
16 days ago

Words fail me to protest the egregious prosecutions of Jan. 6 people, or to condemn the actions of the DOJ. SIMPLY OUTRAGEOUS!

Randall L. Beatty
Randall L. Beatty
16 days ago

I think that what happened at the Capital was bought and paid for by someone that wanted to make President Trump look bad there were people in there that started this where was the police for the capital.I watched President Trump that day he never told anyone to go to the capital and and go in and do damage to the inside of our capital so this again was done to make him look bad and also this was a reason to bring charges to put him in prison and all those people arrested well they need a new trial and that Kangaroo court in New York that was trying to put him and his family in prison was all made up from Jan 6 what a sad time for our country. Just a thought when President Trump was in office there was BLM and Antifia and as soon as the Dem party was in the White House ( Biden & Harris ) no more BLM & Antifia tearing down the cities of this country how many of them were arrested and in prison.

DonS
DonS
16 days ago

I visited and searched their website for donations to Baez legal defense. From what I saw, they do not provide their mailing address. Past experience has taught me not to use Credit but especially, Debit cards due to fraud! Therefore, any bank will tell you that mailing a check is far safer than using credit/debit cards!

Scam is always present so it pays to be extra cautious even when the cause appears to be good!

Deb
Deb
16 days ago

I hope that when Trump gets in and these poor people are released and conviction over turned that all who want to run vote each dem out of office as they did nothing and any rinos as their also did nothing.

Steve
Steve
14 days ago

I would love to see Trump free the J6 prisoners and hire them to help investigate corruption and illegal activity of the Biden roaches and vermin!

David Millikan
David Millikan
15 days ago

Prosecute the DOJ Heads for Conspiracy Against Constitutional Rights. The DOJ knows that it broke the law, violated their oath of office, and violated Americans Rights.

uncleferd
uncleferd
13 days ago

Our DOJ has failed to investigate and prosecute for breathtaking crimes committed by their uncrupulous “democrat clients”. This is unacceptable.

uncleferd
uncleferd
13 days ago

Many law-abiding citizens long to see the departure of those DOJ personel who have enabled lawbreaking when suitable for “democrat’s” political outcomes. Among the most memorable of recent instances were Obama’s lethal and illegal “Fast & Furious” gun-running scheme, the FBI/DOJ criminality associated with the 2016 Trump Campaign Surveillance, and the artificial “evidence” that was used to obtain FISA Warrants to support that surveillance. The DOJ players who knowingly sanctioned these actions belong in prison, and, hopefully, Trump will see to it that these crimes are actually investigated as they should have been when first discovered.

A row of supercomputers running simulations of quantum cryptography algorithms to test their efficiency and effectiveness
President Joe Biden, son Hunter Biden and sister Valerie Biden walk across the South Lawn of The White House on July 28, 2024 in Washington, DC. President Biden is returning from a weekend trip to Camp David. (Photo by Michael A. McCoy/Getty Images)
President-elect Donald Trump shakes hands with Dana White during the UFC 309 event at Madison Square Garden on November 16, 2024 in New York City.

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