What do Enron Energy and Securities and Exchange Commission paperwork violations have to do with January 6, 2021? Absolutely nothing! And that’s the problem with Joe Biden’s administration prosecuting more than 300 people for the January 6 events. Unsurprisingly, the U.S. Department of Justice (DOJ) is using a law that has no application to January 6.

In fact, applying this law in the way it has been done in these cases sets a very disturbing precedent for any political or protest gathering where there is no clear intent to violate any law.

Read on to learn more about our latest briefing before the U.S. Supreme Court. — Mat

In the nearly three years since the January 6 events at the U.S. Capitol, Joe Biden’s DOJ and FBI have arrested and attempted to convict more than 300 people under a law created out of the Enron scandal.

Throughout the 1980s and 1990s, executives of a multibillion-dollar energy company purposefully worked to obstruct justice by filing false Securities and Exchange Commission filings, falsifying accounting records that would have exposed the shady accounting practices used to fleece the public of billions.

Following the scandal, Congress passed the Sarbanes-Oxley Act of 2002, which mandates certain accounting procedures, record keeping, and reporting for corporations. The Act provides criminal penalties for corporate boards and officers who submit false records to the government in an attempt to obstruct justice.

So, what does the Sarbanes-Oxley Act have to do with January 6?

Absolutely nothing! Why then are people being prosecuted and sent to prison under this law? The importance of this case cannot be underestimated. That’s why Liberty Counsel will file a brief at the Supreme Court seeking justice.

The fact is, the First Amendment of the U.S. Constitution guarantees Americans the right to assembly, association, and speech. In other words, all Americans, Democrat, Republican, or any other party, have the right to peacefully protest, especially at their nation’s capital.

Certainly, there were troublemakers in the crowd on January 6, 2021. However, the vast majority were people who simply gathered to peacefully voice their objection to an unseemly election.

But Joe Biden’s DOJ was eager to punish anyone who dared voice concern about the election. Unable to find any law under which they could legally prosecute protestors, the DOJ settled on using the Sarbanes-Oxley Act of 2002, claiming the law covered any and all kinds of obstruction, not just corporate paperwork.

The problem is the law simply does not say what the DOJ wants it to say.

An earlier District Court ruling in this case noted that prosecutors never once alleged or argued that the January 6 defendants “took some action with respect to a document, record, or other object in order to corruptly obstruct, impede, or influence Congress's certification of the electoral vote.” As such, the District Court dismissed the case.

But Biden’s DOJ still wants to persecute anyone who objected to the election, so the DOJ appealed to the U.S. Court of Appeals for the District of Columbia Circuit, which reversed the dismissal orders. Now the case has landed before the Supreme Court.

In a divided ruling, the three-judge panel ruled the Enron law “applies to all forms of corrupt obstruction of an official proceeding,” despite the fact that the law says no such thing.

In fact, such a broad reading of the law would cover any act that could be construed as delaying an official proceeding. Under such a ruling, even our annual nativity scene in Washington, D.C., could be construed as a violation of the Sarbanes-Oxley Act because our display might delay someone on their way to the Capitol for an official proceeding.

Indeed, the throngs of people who gather for the annual March for Life could be hauled off to prison because the massive crowd could obstruct any number of “official proceedings” in Washington or any other place in the U.S

Liberty Counsel is preparing an amicus brief for the U.S. Supreme Court, which will hear this case. In our brief, we will defend every American’s right to peacefully protest the actions of their government.

Liberty Counsel has a number of Supreme Court cases we will be working on this year. In addition to the January 6 case, we are also submitting briefs on the Biden administration’s social media censorship of political enemies and average Americans, Biden’s attempt to force all emergency room doctors to perform abortions, and the abortion pill case.

In addition, we continue to defend Sandra Merritt, Kim Davis, and Christian counselors whose practices have been unlawfully banned in 87 states and localities around the country.

Thankfully, a generous supporter has established a new Challenge Grant to refill our legal fund. Please consider making a one-time gift or a recurring monthly donation to support our legal work today, and the Challenge Grant will DOUBLE the impact of your gift. Please, give generously today!

Mat Staver
Founder and Chairman
Liberty Counsel

Sources:

“FL Supreme Court Will Hear Abortion Initiative Argument.” Liberty Counsel, January 3, 2024. Lc.org/newsroom/details/010324-fl-supreme-court-will-hear-abortion-initiative-argument.

H.R. 15. Equality Act. (2023, June). 118th Congress (2023-2024 Session). Congress.gov/bill/118th-congress/house-bill/15.‌

“Licensing and Regulation.” Florida Department of Health. Accessed January 16, 2024. Ffloridahealth.gov/licensing-and-regulation/index.html.