SCOTUS requested a DOJ response to this Jan 6 petition from @PattisNorm. 16 out of 18 judges, including a split DC Cir, agree with DOJ’s broad interpretation of the post-Enron anti-shredding bill to apply to protests that disrupt an official proceeding.
Of course, no liberal protestors were criminally prosecuted for disrupting and delaying the official proceeding of Kavanaugh nomination hearings.
The petition has ethos: prominent feeder judge Katsas was the dissenting DC Circuit judge.
Though it shouldn’t matter, this is not the ideal sympathetic petitioner if you want pathos, though.
I’ll defer discussion of logos.
Though it shouldn’t matter, this is not the ideal sympathetic petitioner if you want pathos, though.
I’ll defer discussion of logos.
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