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Liberty Counsel has scored many victories over the past several years. A major victory in which we filed a critical brief raising First Amendment concerns was recently released by the U.S. Supreme Court.

In Fisher v. United States, the High Court agreed with Liberty Counsel’s amicus brief in which we argued that the Biden administration’s attempt to imprison people under the Sarbanes-Oxley Act would effectively end every American’s right to peaceful protest seeking redress against the government.

For the last three years, the Biden administration persecuted political enemies, not simply politicians, mind you, but average, everyday Americans who traveled to Washington, D.C., to peacefully protest and redress their grievances with the government.

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.

Unable to find any law carrying lengthy prison terms under which they could prosecute and intimidate political rivals, the Department of Justice (DOJ) settled on using the Sarbanes-Oxley Act of 2002. This law forbids corporations and individuals from shredding documents and/or submitting false paperwork in an effort to obstruct a government investigation against them.

Not one of the more than 300 January 6 protesters charged under the Sarbanes-Oxley Act did any of the things the Act forbids.

Liberty Counsel’s amicus brief laid out the law quite plainly, showing the Court that Section 1512(c)(2) ONLY applies to evidence destruction, regardless of the Biden administration’s attempts to grossly expand the law.

We scored a HUGE win. The Court not only adopted our interpretation of Section 1512, but it also likewise adopted our argument that interpreting Section 1512 to criminalize more than mere evidence destruction would criminalize protesting and lobbying.

The Court’s opinion agreed, stating that the Biden administration’s “novel interpretation would criminalize a broad swath of prosaic conduct, exposing activists and lobbyists alike to decades in prison. As the Solicitor General acknowledged at oral argument, under the Government’s interpretation, a peaceful protester could conceivably be charged under §1512(c)(2) and face a 20-year sentence. Tr. of Oral Arg. 51–52. And the Government would likewise have no apparent obstacle to prosecuting under (c)(2) any lobbying activity that ‘influences’ an official proceeding and is undertaken ‘corruptly.’” (emphasis added)

Even Justice Ketanji Brown Jackson agreed with Liberty Counsel.

“In the United States of America,” Justice Jackson wrote in her concurrence, “men are not subjected to criminal punishment because their conduct offends our patriotic emotions or thwarts a general purpose sought to be effected by specific commands which they have not disobeyed. Nor are they to be held guilty of offenses which the statutes have omitted, though by inadvertence, to define and condemn.” Viereck v. United States, 318 U. S. 236, 245 (1943). Our commitment to equal justice and the rule of law requires the courts to faithfully apply criminal laws as written, even in periods of national crisis, see, e.g., Cramer v. United States, 325 U. S. 1, 46–48 (1945), and even when the conduct alleged is indisputably abhorrent.” (emphasis added)

The High Court made the right call in agreeing with Liberty Counsel’s brief.

NO administration can be allowed to abuse the law to rob Americans of their precious liberties, especially their right to disagree with their government.

Since our founding in 1989, Liberty Counsel has WON more than 30 U.S. Supreme Court cases — nine in the last four years alone — that we have argued or briefed before the High Court. We can only continue this work with your financial support.

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!

FINALLY — You saw what I saw Saturday night. The fact that anyone with a weapon was able to get that close to former President Trump is, in itself, a massive failure on the part of the U.S. Secret Service. The fact that the man was able to get shots off, wounding the President and two others, while killing a bystander is unconscionable.

Please join me now in demanding Congress perform a full and thorough investigation of the U.S. Secret Service and their Capitol Hill controllers.