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Silence is deafening: Peltola, Alaska Democrats too fearful to admit the emperor has no clothes

The shock-and-awe effect on Democrats continues this weekend, a full three days after the stunning display of advanced dementia shown by President Joe Biden during Thursday’s 90-minute debate with former President Donald Trump.

Democrats across the country are speaking out — some trying to defend Biden, others calling for his withdrawal from the race. Four major newspaper editorial boards, including the Wall Street Journal, New York Times, Atlanta Constitution, and even the Philadelphia Inquirer have called for Biden to drop.

But not the Alaska Democratic Party or Democrat Rep. Mary Peltola. They’re saying nothing.

Democratic National Committee former Vice Chair R.T. Rybak wrote on Facebook that Democrats must push President Joe Biden to withdraw from the 2024 presidential race.

“Our elected officials are staying shockingly silent in public, especially considering how many of them acknowledge privately that this has to happen,” Rybak wrote.

Former U.S. Sen. Claire McCaskill, a Missouri Democrat, tried to brush off the debate’s effect on Americans: “Less than a third of likely voters watched debate. Very low numbers for first time a President and former President debated. People were expecting huge audience. Nope, smallest audience in 20 yrs. I imagine most of those who watched were hard core for one candidate or the other.”

She neglected to mention that because of social media, the audience was record-breaking, with 242 million views on X.

Democrat operative James Carville, whose nickname is “the ragin’ cajun,” was more blunt.

“I didn’t think he should run for re-election,” said the former Clinton campaign aide. “There’s nothing I saw last night that would dissuade me of that opinion at all. I still think what I thought. I can’t be any simpler. And I think I have a slightly unique perspective because l’m aged myself. And unlike most people, I have some vague idea of what that job entails. That’s not a — that’s for somebody a lot younger than that. And that applies to Trump, by the way. That was my view, that is my view, I hardly think my view is gonna change.”

Carville said the party has few options.

“I don’t know, because it’s never faced anything like this before. There’s no historical wisdom that we could bring to bear. A majority of delegates could do whatever they want. But what I think will be pretty persuasive will be a flood of polling that came in over the next week. There’s nothing that Washington pays more attention to than a poll. Nothing. Totally predictable. I mean, I got back to my hotel three minutes after the debate started and I’m like, well, ‘this is a two-gummy night.’ Then pretty soon the whole thing blows up: ‘Oh, well, you were right, huh.’ (I was hearing that) from 20 different people,” he said.

Peltola posted that she is pro-fish. The Democrats focused on the importance of food stamps.

Rep. Peltola has been in the White House 15 times in the past 15 months, and was with Biden during eight of those visits, including one time when she was one-on-one with him, according to White House visitor logs.

Peltola is on the record saying Biden is one of the “smartest, sharpest people” she has met in Washington, D.C. But now, she is not coming to his defense.

Peltola told Axios she is “not thinking about anybody’s race but my own.”

Alaska Democrats across the state have clammed up as well, whistling past the graveyard of the Biden Administration. They appear to be waiting for instructions from the national party to know what to say.

The instructions haven’t been given to Peltola or Democrats in Alaska because there is a civil war in the Democratic Party right now, a struggle they created for themselves in 2020 when they put Biden in as their nominee, even though his dementia was already evident, but concealable by clever candidate handling personnel.

Now they are paying the piper, having to decide if Biden’s successor Vice President Kamala Harris or some other candidate can be subbed in, and how to convince Biden and, importantly, First Lady Jill Biden, to let go of the White House.

Incoming Anchorage mayor LaFrance takes part in parade featuring antisemitic-shouting by ‘Queers for Palestine’

On Saturday, June 29, the annual Anchorage festivities for lesbian, gay, bisexual, transexual, queer, pansexual, asexual, intersex, two-spirit — and their friends and children — took place in downtown Anchorage, capping off “Pride Month” promotion of LGBTQ+ identifying Alaskans.

Unlike parades in other cities across the country, participants kept their clothes on in Anchorage, although some of the fashion choices were questionable.

New to this year’s parade lineup was an entry with a large sign that spelled out, “Queers for Palestine,” with rainbow-attired members shouting for a free Palestine and yelling out antisemitic slogan, “From the river to the sea, Palestine will be free,” which is a slogan used by terrorist groups and their sympathizers, from the Popular Front for the Liberation of Palestine (PFLP) and Hamas, both of which call for Israel’s destruction.

Political luminaries who joined the parade and have not disavowed the antisemitism associated with it were incoming Mayor Suzanne LaFrance, Sen. Forrest Dunbar, Sen. Elvi Gray-Jackson, former acting Mayor Austin Quinn-Davidson, Assembly Chairman Chris Constant, Rep. Andrew Gray, and Rep. Jennie Armstrong.

Alaska Landmine received a video from a parade viewer that show the parade entry “Queers for Palestine.”

Price for Alaska oil is strong as new fiscal year begins

Alaska North Slope crude oil ended the fiscal year at $86.46 a barrel on Friday. It’s significantly higher than the revised revenue forecast issued by in March by the Alaska Department of Revenue, which predicted Alaska oil selling at an average of $78 per barrel for the upcoming fiscal year that begins Monday.

The mid-80s price is a strong start for the State of Alaska’s revenue picture. Oil is Alaska’s second top source of state revenue, following the annual transfer of earnings from the Alaska Permanent Fund.

Oil into the Trans Alaska Pipeline System is expected to increase for the upcoming fiscal year by about 13,100 barrels per day, according to the Department of Revenue. With new fields being developed by ConocoPhillips and Santos, and investments in existing fields being made by Hilcorp, the outlook for 2026 and 2027 could see the trend continue.

Alaska’s oil and gas jobs grew by 700 year over year in May, according to a recent Alaska Department of Labor report, which reported the increase at 9.5%. Every oil and gas industry job supports 15 additional jobs in Alaska, according to a study by McKinley Research Group. Some company leaders say that the oil sector is bustling this year.

Last week, oil going into TAPS dropped to just under 400,000 barrels per day, as annual summer maintenance schedules have begun on the North Slope. This is a normal cycle for the Alaska North Slope oil sector.

Adding credibility to the prediction of Alaska oil prices remaining stable in the coming year is the June 27 issuance of U.S. sanctions against Iran over its nuclear ambitions.

“Over the past month, Iran has announced steps to further expand its nuclear program in ways that have no credible peaceful purpose,” Blinken said. “We remain committed to never letting Iran obtain a nuclear weapon, and we are prepared to use all elements of national power to ensure that outcome,” U.S. Secretary of State Antony Blinken said in a statement.

The sanctions target companies based in the United Arab Emirates and 11 vessels used in the export of Iranian petroleum or petrochemical products.

Alan Dershowitz in Alaska speaks about Trump, Israel, the rule of law, and the Constitution

Constitutional law professor and frequent Fox News analyst Alan Dershowitz visited Anchorage on Thursday and Friday, speaking at a public event sponsored by the STAND podcast and hosts Kelly and Niki Tshibaka.

His top messages were that, no matter who he has defended in court or in the court of public opinion, the U.S. Constitution is his client, and he’d like to see the next generation of Americans drop their “woke” ideologies and get back to defending the Constitution. He also commented at length on the rise of anti-semitism in America today.

In an interview format before a crowd of 325 at a south Anchorage church, Dershowitz spoke about his experiences as Donald Trump’s impeachment lawyer, giving a firsthand account of Trump’s New York trial. Dershowitz said he had lost many friends over his defense of Trump and said that some of his family members won’t even speak to him.

Dershowitz, who is 85 years old and mentally sharp, described the politically motivated prosecution of Trump, with the New York Stormy Daniels case based on unprecedented and strained legal theory.

He also addressed the conflict in Israel and the undercurrent of anti-semitism that has existed for generations in America and across the globe, which has recently emerged in the open as Israel defends itself against terrorist Hamas.

Dershowitz is a Democrat, but he sees himself more as an adherent to classical liberalism than a party Democrat. Classical liberalism advocates for free market and laissez-faire economics, civil liberties under the rule of law, with a focus on individual autonomy, limited government, economic freedom, political freedom and free speech. Read his Wikipedia biography at this link.

The STAND event came on the heels of the CNN presidential debate on Thursday. Dershowitz commented that President Joe Biden had done so poorly that the Democrats would follow their worst instincts and try to keep Biden in the race at all costs. He believes Biden should withdraw from his campaign for reelection. He commented that Trump would also be tempted to pick a running mate that reinforces his Make America Great Again platform, which could alienate some moderate voters that he might otherwise win over.

The crowd included many Alaskans not usually seen at political events, and they bid generously on the auction items, such as signed copies of Dershowitz’ books and a signed portrait of Donald Trump. A portion of the proceeds will be used to send relief to Israel for ambulances, blood transfusions, and rebuilding of homes bombed by Hamas, Kelly Tshibaka said.

While in Anchorage, Dershowitz also met with local Jewish leaders, including Rabbi Yosef Greenberg and members of the Lubavitch Jewish Center of Alaska.

Dershowitz’s visit was co-sponsored by several local Alaskans and Americans for Prosperity Alaska. Tshibaka, who is the Alaska chairwoman for the Donald Trump campaign, said that future events bringing in national speakers may include an October event with Lt. Gen. Michael Flynn, who served briefly as the National Security Adviser for President Trump.

Although Must Read Alaska does not have a video of the Dershowitz event, you can hear him on the STAND podcast as he speaks with Kelly Tshibaka earlier this year.

In one vote, Peltola votes against Israel’s defense, border security, and sides with China and Iran. But wait, there’s more . . .

A bill that scales back the Biden Administration’s expansion of woke funding programs at the U.S. State Department passed the House on Friday, but Rep. Mary Peltola of Alaska and all other Democrats except one voted against it.

The bill, which passes 212 to 200, has language that prohibits embassies from flying flags such as the Pride flag and prohibits funding to the Wuhan Institute of Virology, or any funding that supports vaccine mandates. The list of programs it supports or cuts is extensive and exceedingly specific:

  • H.R. 8771, appropriates money for the State Department, foreign operations and related programs, but trims 11% from the 2024 fiscal year’s enacted funding, and a 19% decrease to what President Joe Biden had asked for in the next fiscal year.
  • The funding resolution that Peltola voted against:
  • Has $3.3 billion in foreign military financing so Israel can defend itself against terrorist attacks.
  • Prohibits funding for the International Criminal Court, International Court of Justice, United Nations Relief Works Agency, and the United Nations Relief Works Agency and United Nations Commission of Inquiry against Israel.
  • Counters the People’s Republic of China by providing $2.1 billion for United States national security interests in the Indo-Pacific and to counter malign influence.
  • $500 million in Foreign Military Financing for Taiwan to strengthen deterrence across the Taiwan Strait and up to $2 billion in loans and loan guarantees for such purpose.
  • Has full funding the Countering PRC Influence Fund at $400 million.
  • Prohibits funds for the PRC and the Chinese Communist Party, prohibiting funds for countries to repay debt owed to China, and prohibits funds for international financial institutions from loans to the PRC.
  • Prioritizes funding and policies to combat the flow of fentanyl and other illicit drugs into the United States.
  • Prohibits funds that encourage or facilitate irresponsible migration towards the U.S.-Mexico border.
  • Prohibits the Iran Revolutionary Guard Corps from being removed from the Foreign Terrorist Organization (FTO) list.
  • Prohibits funds to implement a nuclear agreement with Iran unless ratified by the Senate.
  • Prohibits funds to be used to implement the Arms Trade Treaty.
  • Supports freedom in the Western Hemisphere, including $35 million for democracy programs for Cuba.
  • Eliminates funding for the United Nations’ regular budget, resulting in savings of $761.6 million.
  • Eliminates Emergency Refugee and Migration Assistance Fund, International Organizations and Programs, Contribution to the Clean Technology Fund, and Contributions to the Inter-American Development Bank.
  • Reduces 14 accounts in the bill below the FY19 enacted level, including Contributions to International Organizations, Contributions to International Peacekeeping Activities, Economic Support Fund, Migration and Refugee Assistance, and Peacekeeping Operations.
  • Reduces 14 accounts in the bill to the FY19 enacted level, including the United States Agency for Global Media, Peace Corps, and International Development Association.
  • Terminates more than 18 unnecessary programs, including the Organization for Economic Cooperation and Development (OECD), UN Educational, Scientific and Cultural Organization (UNESCO), UN Women, UN Montreal Protocol, UN Environment Fund, and World Economic Forum.
  • Prohibits funding for Special Envoys, Special Representatives, Special Coordinators, and Special Advisors unless such positions are expressly authorized or have affirmatively received the advice and consent of the Senate.
  • Eliminates 33 Special Envoys and Special Representatives at the Department of State, including the Special Presidential Envoy for Climate, Special Envoy for Racial Equity and Justice, Special Envoy to Advance the Human Rights of LGBTQI+ Persons, Special Envoy for International Labor Affairs, and Special Representative for Palestinian Affairs.
  • Prohibits the Treasury Department from carrying out the Biden Administration’s climate agenda at the World Bank and other multilateral development banks, which harms developing countries and opens the door to predatory financing from the PRC.
  • Prohibits the Administration’s current practice of co-opting programming, such as that to empower women; advance democracy and freedom; or counter trafficking in persons, to instead advance the Biden radical global climate change agenda.
  • Prohibits funds for the Green Climate Fund, Clean Technology Fund, and Loss and Damages Fund.
  • Prohibits funds to the Wuhan Institute of Virology, the EcoHealth Alliance, any gain-of-function research, and labs in adversarial nations like China, Iran, Russia, North Korea, or Cuba.
  • Maintains all long-standing, pro-life protections.
  • Implements the Protecting Life in Global Health Assistance Policy, also known as the expanded Mexico City Policy, on all health funds in the bill.
  • Prohibits funds for controversial organizations and programs, such as the United Nations Population Fund, World Health Organization, and Gender Equity and Equality Action Fund.
  • Supports religious freedom programs abroad and religious freedom protections for faith-based organizations delivering foreign aid.
  • Allows only the American flag and other official flags to be flown over U.S embassies.
  • Bans “disinformation” and “misinformation” programs that violate the free speech rights of American citizens.
  • Prohibits funds for unnecessary regulations and controversial Executive Orders that disadvantage American businesses.
  • Refocuses attention on critical diplomatic functions, addressing the backlog of passport applications and ensuring the safety and security of our embassies.
  • Prohibits funds to implement Covid-19 mask and vaccine mandates.

Congressman Mario Díaz-Balart of Florida, Chairman of the Department of State, Foreign Operations, and Related Programs Subcommittee of the House Committee on Appropriations, issued the following statement after the passage of H.R. 8771:

“I am very pleased with the House’s approval of the State and Foreign Operations bill for the fiscal year 2025 which builds on the policy wins of the fiscal year 2024 enacted bill. This crucial piece of legislation, which funds our national security and foreign policy priorities, cuts wasteful spending while upholding key U.S. values. Among the many victories, we achieved a 19% reduction from the President’s Budget, and an 11% cut from the fiscal year 2024 enacted levels.”

The legislation “continues to reestablish American leadership where it has been severely lacking under the Biden Administration. It upholds key U.S. national security priorities by supporting allies such as Israel and Taiwan and countering adversaries such as Communist China, the terrorist states of Iran and Cuba, and terrorist organizations such as Hamas and Hezbollah, he said.

Chevron deference unwound: How does the herring fishing decision relate to OSHA’s Covid shot orders?

The U.S. Supreme Court has overturned what is known as the Chevron deference, which is a decades-old court decision that says if a law passed by Congress is not clear in some area, then federal agencies of the Executive Branch can interpretat of how to enforce law through regulation. Such broad powers have led to an expansion of the regulatory state.

The decision’s ramifications will go far and wide throughout many areas of life impacted by regulation, impacting decisions by the EPA and the ATF, for example.

Here’s one instance where this decision impacts 80 million workers: The Occupational Safety and Health Administration’s Covid-19 vaccine mandate of 2021.

The OSHA COVID-19 Emergency Temporary Standard on Vaccination and Testing required employers with 100 workers or more to establish, implement, and enforce a written mandatory vaccination policy for Covid-19 for their workplaces.

OSHA used the Chevron deference (also called Chevron doctrine) as the basis for its authority to mandate the experimental vaccine to these private-sector workers.

In a case brought by the National Federation of Independent Business and others that went to the Supreme Court, the Biden Administration argued that Covid-19 remained a “grave danger” in 2022, and that the OSH Act “clearly” grants OSHA the power to protect the workforce, and the agency can act on an emergency basis to do so — all based on Chevron deference.

The Supreme Court struck down that mandate on the 80 million workers in America. In the 6-3 decision, the justices blocked OSHA from its mandate, but allowed a separate vaccination mandate for health care workers at 76,000 federally funded facilities to stand. That upheld mandate came out of the Centers for Medicare and Medicaid Services rather than OSHA.

The ruling on OSHA related to Chevron deference, but that term didn’t specifically show up in the decision, which just discussed regulatory overreach.

“Although Congress has indisputably given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly,” the majority said in the opinion. “Requiring the vaccination of 84 million Americans, selected simply because they work for employers with more than 100 employees, certainly falls in the latter category.”

This past week, however, the Supreme Court was very specific when it ruled that a federal agency cannot require fishing vessels to pay the federal government for agency-mandated observers to be on their boats while they are fishing.

The justices were clear in saying that the regulatory bureaucracy needs to step back into its cage created by Congress.

In the case that will impact so many federal agency regulations across the agencies, the plaintiffs were herring fishermen from Cape May, New Jersey. The Magnuson-Stevens Act gave the National Oceanic and Atmospheric Administration the authority to require federal monitors on commercial fishing boats to ensure that the fishermen adhere to the NOAA mandates.

But while the Magnuson-Stevens Act requires owners of certain classes of fishing boats to pay for their own monitors, the MSA never specified herring boats as one of those classes. That was added to the requirements by NOAA bureaucrats, not by Congress. And in this decision, the court took direct aim at the Chevron deference.

New York Times calls for Biden to leave campaign: ‘He struggled to make it to the end of a sentence’

In a major turn of events, the New York Times, the nation’s leading Democrat Party bullhorn, has called for President Joe Biden to step down from the race for reelection to the presidency.

The newspaper made the call in a Friday evening editorial penned by the newspaper’s editorial board. The board wrote that while Donald Trump is unworthy to be president, Biden can’t take him on in his addled condition.

“Donald Trump has proved himself to be a significant jeopardy to that democracy — an erratic and self-interested figure unworthy of the public trust. He systematically attempted to undermine the integrity of elections. His supporters have described, publicly, a 2025 agenda that would give him the power to carry out the most extreme of his promises and threats. If he is returned to office, he has vowed to be a different kind of president, unrestrained by the checks on power built into the American political system,” the newspaper wrote.

“Mr. Biden has said that he is the candidate with the best chance of taking on this threat of tyranny and defeating it. His argument rests largely on the fact that he beat Mr. Trump in 2020. That is no longer a sufficient rationale for why Mr. Biden should be the Democratic nominee this year.

“At Thursday’s debate, the president needed to convince the American public that he was equal to the formidable demands of the office he is seeking to hold for another term. Voters, however, cannot be expected to ignore what was instead plain to see: Mr. Biden is not the man he was four years ago,” the Times wrote.

“The president appeared on Thursday night as the shadow of a great public servant. He struggled to explain what he would accomplish in a second term. He struggled to respond to Mr. Trump’s provocations. He struggled to hold Mr. Trump accountable for his lies, his failures and his chilling plans. More than once, he struggled to make it to the end of a sentence.”

The newspaper then called Biden an admirable president and said the nation has prospered under his leadership, and that “the wounds ripped open by Mr. Trump have begun to heal. But the greatest public service Mr. Biden can now perform is to announce that he will not continue to run for re-election.”

A week earlier, the same newspaper said in a headline, “How Misleading Videos Are Trying Biden as He Battles Age Doubts.”

The New York Times is the first major newspaper in America to call for Biden to drop out of the race and make way for someone more competent to take on Trump, the man who the mainstream media helped take down in 2020 and will not want to see as president again in 2024.

Numerous times this year, the Times has run opinion columns about how Biden’s age is a perception problem, not a governing one. But since early this year, the newspaper has been increasingly critical of Biden’s mental capacity to govern.

Earlier this year, Special Counsel Robert Hur, investigating Biden’s handling of classified documents after he left government in 2017, reported that he did not think Biden could stand trial for the offenses because of his incapacity to remember important events, including the death of his own son.

The Hur report described the 81-year-old president as an “elderly man with a poor memory.” Unable to take the stand in his own defense raised questions about whether he can be the leader of the free world.

House Republicans want the audio recordings of that five-hour interview with Hur, but Biden has asserted executive privilege. House Speaker Mike Johnson said the House Judiciary Committee will file a lawsuit against the Justice Department next week to enforce the subpoena for the tapes.

Rep. Mary Peltola of Alaska voted against the subpoena of the audio of the interview. On Meet the Press in December, Peltola defended Biden as mentally sharp and that  “as a native person, I think age is a good thing. Wisdom and experience are a good thing. I think that Joe Biden’s mental acuity is very, very on. He’s one of the smartest, sharpest people I’ve met in D.C.”

Peltola has endorsed Biden for president but in an effort to change the subject, she has focused her campaign on fish.

Ben Mallott takes the helm at Alaska Federation of Natives

Longtime AFN President Julie Kitka announced her retirement from the organization earlier this year. A search commenced for a new leader. Now, AFN Vice President Ben Mallott, 38, has been named president.

Mallott, of Juneau, is the son of the late Lt. Gov. Byron Mallott of Yakutat and retired schoolteacher Toni Mallott, originally of Rampart. He is a board member for various nonprofits, including being chairman of the Alaska Humanities Forum, a trustee of the Nature Conservancy Alaska and on the board of the Alaska Native Heritage Center. Mallott is a graduate of Oregon State University and has a master’s degree from American University.

Prior to working for AFN, he served as a legislative assistant for U.S. Sen. Lisa Murkowski on federal policy areas relating to Alaska Natives and rural Alaska. He is vice chair of NTVI, an 8(a) subsidiary of Baan O Yeel Kon Corporation.

The appointment of Mallott comes at a time when AFN had taken a sharp turn toward radical leftist politics under Kitka, who ran the organization for 33 years. In doing so, it lost some important Alaska Native corporations that left AFN due to policy differences, including Arctic Slope Regional Corporation, Doyon and the Aleut Corporation. Tlingit Haida Central Council, the largest federally recognized tribe in Alaska, also dropped from AFN.

When Doyon left AFN and later rejoined, it published a statement outlining its concerns and actions it had taken to try to correct the course of AFN:

“Doyon’s decision to withdraw from AFN was made by the Doyon Board of Directors after significant deliberation and after a long history of sharing our concerns with AFN leadership.  Doyon engaged with AFN for over a decade, sharing our concerns and advocating for continued improvement in the AFN organization, decision-making, and services provided to its members; these requests were all made well prior to the decision to withdraw.” The entire statement is at this link.

Byron Mallott, Ben’s late father, served as president of the AFN and received a “Citizen of the Year” award from the organization. Ben Mallott’s brother Anthony Mallott served as president of the Sealaska Corporation until January of this year.

Governed by a 38-member board, the Alaska Federation of Natives is the largest statewide Native organization in Alaska, whose membership includes 179 federally recognized tribes, 154 village corporations, 9 regional corporations, and 10 regional nonprofit and tribal consortiums that contract and compact to run federal and state programs.

Department of Justice was wrong, says Supreme Court, as it tosses one charge against J-6er

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The Supreme Court threw out a Department of Justice’s charge against a Pennsylvania man who entered the U.S. Capitol on Jan. 6, 2021 with other protestors who were objecting to the certification of the 2020 presidential election.

In a court vote of 6-3 on Fischer v. United States, the majority agreed with former policeman Joseph Fischer that he was wrongfully charged: A crime the government charged him with was written for cases involving evidence tampering and destruction of records. Fischer did no such thing when he entered the building with other protesters. The statute in question, Section 1512(c)(2), was being improperly applied after the federal government expanded the meaning of the statute to weaponize it against Jan. 6 defendants.

The ruling could mean more than 300 other Jan. 6 defendants could see at least this one charge dropped, although others may still be pending. Fischer was originally charged with seven crimes relating to the unruliness at the Capitol.

U.S. Attorney General Merrick B. Garland released a statement downplaying the importance of the ruling: “January 6 was an unprecedented attack on the cornerstone of our system of government — the peaceful transfer of power from one administration to the next. I am disappointed by today’s decision, which limits an important federal statute that the Department has sought to use to ensure that those most responsible for that attack face appropriate consequences.”

Merrick said the “vast majority of the more than 1,400 defendants charged for their illegal actions on January 6 will not be affected by this decision. There are no cases in which the Department charged a January 6 defendant only with the offense at issue in Fischer. For the cases affected by today’s decision, the Department will take appropriate steps to comply with the Court’s ruling.”

On Friday, a fact sheet from the Department of Justice went further in defending itself:

“Today’s decision will most significantly impact a narrow band of cases: those where the only felony for which a defendant was convicted and sentenced was 18 U.S.C. § 1512(c)(2).  In total, approximately 52 individuals have been convicted and sentenced on that charge and no other felony; of those individuals, only 27 are currently serving a sentence of incarceration—less than 2 percent of all charged cases arising from the Capitol Breach,” the Department of Justice said in an attempt to spin the decision and absolve itself of wrongfully prosecuting Americans.

The Department also explained the impact of the decision on pending cases: “Of the approximately 249 remaining cases, there are zero cases where a defendant was charged only with 18 U.S.C. § 1512(c)(2). In other words, in every case potentially impacted by the Fischer decision, the defendant faced other criminal charges—felonies, misdemeanors, or both—for illegal conduct related to the Capitol Breach.”

Dissenting with the majority opinion was conservative Justice Amy Coney Barrett, along with liberal Justices Sonia Sotomayor and Elena Kagan. Agreeing with the opinion was leftist Justice Ketanji Brown Jackson.

The case was remanded back to the D.C. Circuit Court, where the charges against Fischer may still proceed for obstructing a proceeding of Congress.

More than 750 J-6ers have already been sentenced for J-6 crimes. Nearly two-thirds of those convicted received some prison time, from a few days of intermittent jail time to 22 years — the sentence given to Proud Boys member Henry “Enrique” Tarrio, 39, of Miami.

In the 41 months since Jan. 6, 2021, more than 1,450 individuals have been charged in nearly all 50 states for crimes related to the entry into the Capitol while the Senate was certifying the election. At least 500 of those are charged with felony assault of or impeding law enforcement, the Justice Department said. Jan. 6 is the largest criminal investigation in U.S. history, with the judgments coming from the D.C. District Court, where seven of the 11 judges are Democrat appointees. The Justice Department is still hunting for about 80 individuals to press charges, including the person or persons who placed bombs at the headquarters of the Republican and Democrat parties in D.C.

The SCOTUS opinion can be read at this link.

Read this Reason Magazine analysis of the decision.