Friday, September 10, 2021

Here’s How To Fight Back Against America’s Emergent Social Credit System

Our elites are using cancel culture to create an American social credit system that penalizes thoughts and behavior that undermine their aims. Authentic community is the only way to fight back.



What would happen if your last politically charged conversation with your family or your friends was broadcasted on primetime television? Ponder the potential risks for a moment. Would you still be employed in the morning? How would the media respond? For students, would you be concerned that your teachers would grade you differently or that your fellow students would try to cancel you? 

If you’re like a great many Americans, these are all serious questions that would arise if the thoughts you express when you’re with your loved ones were publicized beyond the confines of your dining room table. 

Why is that? Are your views really that hateful, like the left tries to brand them? Perhaps it’s more likely that the left’s long march has been so successful that the centers of power in this country have become untethered from the realities of public opinion, and now enjoy the ability to dogmatically enforce a worldview that remains unpalatable to significant swaths of this country.

This is certainly the case with the so-called “mainstream” media, where the mainstream opinions of so many Americans find so little representation. The same can be said for several other centers of power. 

What’s even more telling is that unless your thoughts are genuinely wicked, it’s almost certain that millions of viewers would be (quietly) applauding your segment, delighted that someone finally took what they’ve been saying for years in hushed tones and brought it out into the open. This was, after all, a significant part of Donald Trump’s appeal.

It is exactly because our ruling class is so far removed from the perspectives of so many decent, well-adjusted people that this class feels the need to punish those who aren’t equally as tone-deaf. It is exactly because of this disconnect that they feel threatened, and it is exactly because they feel threatened that they are implementing America’s social credit system. 

America’s Emergent Social Credit System 

The term “social credit system” is almost exclusively applied to China, where the state rewards and punishes various behaviors through the use of a centralized database. If citizens smoke in non-smoking areas, drive poorly, criticize the government, or engage in other frowned-upon activities, their score can drop, even preventing them from traveling, owning a pet, or using high-speed internet. 

This score can be raised if certain actions are taken, such as praising the state on social media or paying back debts on time. Those with high scores enjoy various benefits, including having their profile boosted on dating apps or not having to pay cash deposits when booking a hotel.

While America lacks a single central entity that monitors activity and assigns citizens a score based on their conduct, our system, through a diffuse array of entities, employs one of the CCP’s most potent weapons: the blacklistThose who are put on the blacklist can expect to be prohibited from travel and see their names and faces broadcasted on billboards with the word “untrustworthy” emblazoned below. 

America has wasted little time developing our version of the blacklist. Political correctness, cancel culture, and modern technology have all produced an environment in which Americans who oppose the ideology of the ruling class or flout its diktats are shunned from civil society and made the targets of the two minutes hate. 

While the CCP clearly defines how to raise one’s score, the American system rarely offers redemption. Apologizing only digs your grave deeper, signaling to your opposition that you will crack under pressure and that blood is in the water, only encouraging future onslaughts. To make matters worse, the goalposts are in a state of constant flux, meaning that system-approved speech today could get you canceled next week.

Take for example Nicholas Sandmann, who was found guilty of smirking while straight, white, Christian, and male. The ensuing media frenzy featured venomous attacks from public figures, including a tweet from filmmaker Jack Morrisey that depicted “MAGA kids” going “hats first” into a woodchipper and one from CNN’s Reza Aslan that described the teen as having a “punchable face.” Sandman’s high school reopened under police protection following the threats.

While Sandman was able to successfully sue various media outlets, smaller-profile cases have sadder endings, like one instance where a Hispanic man was fired for allegedly making a “white power sign” while cracking his knuckles despite pleading for his job. 

One University of California at Los Angeles professor was suspended for refusing to exempt black students from a final in the wake of George Floyd’s death. There’s also the case of the McCloskeys, whom the media attempted to associate with racism and were otherwise smeared after the couple defended their house against a mob that had broken into private property

Former Republican candidate Laura Loomer has been banned on various payment processors, including PayPal, Venmo, Stripe, and GoFundMe, as well as Uber and Lyft and virtually all mainstream social media platforms. 

This trend is one that threatens all dissenters from the regime, not just those with less mainstream views. Remember, while more obscure, controversial figures were the first ones purged from Twitter, it only took a couple of short years before the president of the United States was banned from the platform. 

This type of social shaming is promoted by those who are supposed to serve the public, with Rep. Alexandria Ocasio Cortez saying someone needs to keep track of “Trump sycophants” so that they can’t “downplay or deny their complicity in the future.” 

Community Is the Antidote to Cancellation 

The enforcers of America’s emergent social credit system are most empowered when they can cut you off not only from your job, but from your community and all other sources of support. The remedy? Establish genuine, in-person authentic communities built around shared values. 

In “The Prince,” Niccolo Machiavelli teaches us not to build fortresses, warning of their likelihood to socially isolate rulers, when he writes “the best fortress is to be found in the love of the people, for although you may have fortresses they will not save you if you are hated by the people.”

In our time, fortresses are constructed on our behalf under the guise of increased social connection. What percent of your Facebook friends would stick up for you if the administration at your school or the HR department at your work came after you for an off-color joke or a sincere belief that was considered mainstream just a few short years ago?

Communities that would defend your reputation and potentially even your economic well-being against those who would put you on a blacklist for “misgendering” someone or otherwise blaspheming the religion of woke, can only be built in the real world.

These communities, however, can’t become fortresses in and of themselves. Playing defense and hiding from the opposition just means passing the burden to the next generation. There’s nowhere you can go where you will not be chased down by LGBT propaganda in children’s shows, a politically motivated refugee drop, or any other consequence of leftism. It’s win or lose. You don’t get to opt out.

These same social bonds that can protect you from cancellation must be put to use in a proactive, not just defensive, capacity. Voting isn’t enough. Get involved in all aspects of public life. Run for office, write for local papers, show up to school board meetings, and be present anywhere voices are heard or decisions are made.

Use these grassroots bonds to build high-trust communities that can propel members to powerful positions. In those capacities, they’ll be able to provide air cover for the grassroots by leveraging their institutional support for the benefit of the community. 

Intertwining your life and livelihood within these communities isn’t just the most effective way to inoculate yourself against America’s emergent social credit system, it’s also the only way we can build a resilient base from which social and political action is possible.


X22, Red Pill news, and more-Sept 10

 




Hope you all have a good weekend. Here's tonight's news:

#WeWillNotComply

The Heart of the Mandate Maneuver

A short* article by Believe it!

You don't need an ultrasound to see what's at the heart of Deep State Puppet Biden's vaccination mandate.

  • First, Biden is doing as the Deep State tells him. This is not his decision. Remember he said a few months back (as early as Dec. 2020) that he would not mandate even masks, as well as no vaxx mandates. So this massive switch is not of his own doing, but of the Deep State's.

  • Second, unplug from all the hysterical voices on TV, radio, and certain websites, and don't panic. Look at this logically. Remember, a shinobi must see through deception.

  • Third, as stated in a previous article, we are living through the Fraudulent 20s. The Decade of Fraud will be packed to the brim with deception, distraction, and lies. So look beyond the obvious play and the narrative the fake news media will spin for you and find the true agenda underneath.

With all this in mind, let's see what's involved here.

Biden is not smart. This isn't his play. It's the Deep State's. So there is something bigger going on here than vaccine mandates, which the Feds can't even enforce on the Federal level to federal employees. And that's not just the postal workers either. Many law enforcement and medical groups within the government will not enforce these mandates. The Deep State is being ignored by those they think they rule over.

So of course there is no way Biden can enforce any kind of vaccine mandate on private businesses. The Supreme "Court", after much ass-clownery, finally ruled that the CDC can't put a moratorium on evictions. I suspect some state and even federal judges will issue an injunction to stop any penalties from taking effect.

This is, on it's face, a scare tactic to get businesses to comply without the Feds actually doing anything except issuing threats. Many employers are already in the government's pocket anyway, and the small businesses have already shown themselves as sheep that will blindly comply with insane mandates regarding masks, social distancing, and reduced hours.

But this is merely a side benefit to the Deep State. If they can trick more people into taking the government kill-shot, they think that's great. Here is the real play...


What else is making the news at the moment?

That's right! The Texas Heartbeat Bill, which protects unborn babies who have developed to the point when a heartbeat can be detected, which is sometimes as early as six weeks.


So what's the main argument that the baby-murderers like to use?

"My body, my choice!" Right?

Apparently that doesn't apply to vaccines... or does it?

Clearly the vaccine affects the body of the one who receives it, unlike abortion which affects the unborn baby's body. But the "courts" have never recognized the unborn baby's body, so that's not the issue.

The issue for the "court" is about what a female can do with "her body", as well as her so-called "right" to privacy to commit murder behind closed doors.

The Heartbeat bill will be making its way to the Supreme "Court" soon. The Deep State wants to inject vaccines into the issue to either kill the Heartbeat bill, and/or create a legal conflict that will result in more authoritarian power.

To them this is a win-win scenario.

If the "Court" rules that the vaccine mandate is unconstitutional, oh well. They never planned on forcing vaccines anyway since enough citizens are going to take it regardless. However, this will establish precedent for the Heartbeat ruling, and influence the "justices" to strike that law down for essentially compelling a similar result. That is, a medical status that is unwanted. This is what the Deep State is going for. This vaccine mandate is a play to get abortion solidified in the United States as a private medical decision that cannot be infringed.

The alternative is that the Supreme "Court" upholds the Heartbeat bill, and by that logic upholds the vaccine mandates as well. In which case the Deep State will mandate whatever poison they want, and kill off whoever they wish. Sadly, this will end up destroying the very lives the Heartbeat bill wishes to save.

So this is all an attempt to put the Supreme "Court" in a catch-22.


The Worst Outcome

Of course what the Deep State would love more than anything is for the "Court" to strike down the Heartbeat law, AND spin right around and contradict itself by also upholding a government mandate on vaccines. This outcome is entirely possible with people like Any Con-y Bare-rat on the bench. Not only has she supported vaccine mandates on campus by denying appeals of students, but she also stated in her confirmation hearing that she will uphold Supreme "Court" precedent when it comes to abortion.

I believe the vaccine mandates will be stopped through injunction and ultimately struck down, but that the Heartbeat bill will be as well based on this same basis.

Prepare yourselves for the worst either way. The "justices" are controlled by the Deep State as well.


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Oh Noes, Don’t Throw Me in The Briar Patch Mr. Biden


Perhaps it’s because we have been discussing this moment for over a decade; or perhaps it’s because we’ve already chosen our tribe amid this league of crazy; or perhaps it’s just because we don’t like ‘them’ in the first place; but whatever it is, this announcement today by the White House to cleave society into vaxxed -vs- non-vaxxed status is actually a little funny.  Good luck with it.

Eyes of a mouse. Ears of an elephant. Heart of a lion, and the mindset of an insurgent.

This ain’t new.  Or as we say amid my social circle: “We done knew.”

The White House claims that 80 million Americans are unvaccinated, and we are now the enemy of the state.  OK, whatever.   When you get all done with the teeth gnashing part, I’m still unvaxxed.   And if I’m no longer permitted to engage in a social construct that I have been studiously avoiding for the past few decades, well, meh…. a’right then, punish me by barring me from living life amid the Federal Moonbats.   The federal compliance and enforcement part of the mandated worker vaccination will be fun to watch.

I have serious doubts that only 80 million Americans are unvaccinated, but fair enough; if that’s your number, okay then.  However, consider this….  Assuming we are the minority group, the non-vaxxed crew breaks down into two broad segments: (1) The extremely well-educated who carry commonsense and are in a social strata where they remain quiet about it; and (2) The skeptical productive class of similarly disposed commonsense blue-collar workers who are the backbone of American productivity.

The comfortable existence for the rest of “polite society” is dependent on the scruffneck working class, the dirty fingernail folk who know what Lava soap feels like, and the industrious service sector workforce who fulfill the needs of those who hold out their pinky fingers when they drink from a glass.

If this non-vaccinated ‘minority group’ stops fulfilling the needs of the vaccinated ‘betters’, guess what happens?

Additionally, if the non-vaccinated minority begin following the COVID rules with extreme compliance, the entire system doesn’t function.  Whoops, I cannot enter a federal property because I am not vaccinated {{{shrugs shoulders}}}.  Okay, I’ll leave the pizzas on the sidewalk, enjoy.

The ramifications of extreme compliance are very far-reaching, and we are snarky enough in our skills as non-vaccinated insurgents to know exactly how to best play the role of being as stupid as you say we are.  Oh damn, did I forget to tighten that oil filter… sheesh, whoops.  If only I was as smart as one of you vaccinated types these mistakes wouldn’t happen.

It is likely the elitist goal of the crew behind Biden to cleave society thereby destroying it.  However, if there’s something I know about this crew – it’s how their hubris is their blindspot.

They can never think clearly through the details of their dictates because they have never operated/lived in the place where the outcomes of those dictates surface.  They make rules that are never implemented within their own tribe; this fact makes them extremely vulnerable.

Cleaving society ain’t necessarily a bad thing when my tribe wants nothing to do with you in the first place.

When the SHTF (sh!t hits the fan), these ruling elite types, and those who look down their noses at the unwashed WalMart shoppers, are the first culled by natural selection because they cannot function in a world where their basic needs are not serviced by others.

Stuff yourself into a box filled with like-minded vaccinated intellectuals filled with artificial airs-and-graces; meanwhile me and my tribe, who can clean up well and hold discussion in the snob-set but choose not to, will be having a grand time laughing and enjoying fellowship on the tailgate of a pickup truck.

The laughter and fun is always on the freedom side, our side of the aisle.  The totalitarian mind that needs to control people is a life of misery; and it’s an endless quest to fill a void that we simply don’t have.

Block my tribe out of your social or economic system because we refuse to put untested secret chemicals in our veins, and it ain’t us that’s losing – just sayin’.  We know how to adapt, survive and create another parallel economy that will work just fine.

Do what is in the best interest of your faith, your family and your community.  Losing your peace of mind is not part of that equation.

Chin up folks, this announcement by Joe Biden is a Hail Mary reflecting just how desperate they are.

You are, in this moment, exactly who you were yesterday.  Don’t take any ownership of anything put upon you.  Additionally, look around, and do not do anything to support COVID compliance operators in any area of your local society.

Live bigly and organize your personal life for maximum freedom.   Keep the mindset of an insurgent, and do not allow them to steal your peace of mind.

It’s their change. To the extent you can avoid it, don’t accept it.


Sweet green Controversy Is Another Bizarre Case…

 Sweetgreen Controversy Is Another Bizarre Case Of Hostility Towards Health And Fitness



If the COVID crisis taught us anything, it's that an America addicted to carbs, sugar, and Netflix could maybe use a bit more so-called fat-phobia.

Sweetgreen CEO Jonathan Neman caught controversy this week after aviral since-deleted LinkedIn post linked the severity of the coronavirus pandemic with high levels of obesity.

“[Seventy-eight percent] of hospitalizations due to COVID are Obese and Overweight people,” Neman wrote Tuesday citing March data from the Centers for Disease Control and Prevention (CDC). “Is there an underlying problem that perhaps we have not given enough attention to? Is there another way to think about how we tackle ‘healthcare’ by addressing the root cause?”

Neman went on to highlight COVID-19 as an endemic virus “here to stay for the foreseeable future.”

“We cannot run away from it and no vaccine nor mask will save us (in full disclosure I am vaccinated and support others to get vaccinated),” Neman added. “Our best bet is to learn how to best live with it and focus on overall health vs preventing infection.”

The salad giant’s solution? Crack down on the junk food.

“What if we focused on the ROOT CAUSE and used this pandemic as a catalyst for creating a healthier future?” Neman wrote. “What if we made the food that is making us sick illegal? What if we taxed processed food and refined sugar to pay for the impact of the pandemic? What if we incentivized health?”

His solutions might sound like government overreach, but they’re no more intrusive than vaccine mandates and draconian lockdowns that heralded societal self-destruction with the abdication of personal responsibility, all while glossing over the true pandemic that is obesity.

“We clearly have no problem with government overreach on how we live our lives all in the name of ‘health,'” he wrote.

Neman however, was derided as “fat-phobic” and critics mocked the pricey salad chain for proposing Americans deal with the underlying issues that exacerbate the severity of COVID-19.

“This post is disgusting,” one LinkedIn user wrote back, according to Business Insider.

“Yikes, this is incredibly fat-phobic,” wrote another. “Have you considered how our healthcare system systematically underserves people who are considered to be in those groups?”

I just ate a donut and I challenge Jonathan Neman to a die-off. First person to die loses. I'm giving him a ten year head start. https://t.co/WrF30UjqOG

— Matt Boyd (@3PSboyd) September 1, 2021

Vice News, one of the first publications to report the post, mockedNeman as well.

“On Tuesday, the CEO of Sweetgreen, a restaurant chain that sells salads for around $15 a serving, said that the underlying problem with the COVID-19 pandemic that has killed more than 600,000 Americans so far is that most of them were fat,” wrote Edward Ongweso Jr.

But where’s the lie? Most Americans are fat. More than 70 percent of adults 20 and older are overweight, according to the CDC. More than 42 percent of Americans were considered “obese” in 2017-2018. Last week, a new study from researchers at the University of Michigan and the University of Southern California found nearly half the nation’s children aged 5-11 are now overweight. And yes, Americans’ excessive weight made the severity of the COVID crisis far worse.

In September last year, Science Magazine highlighted August research which found obese patients stricken with COVID-19 were 113 percent more likely to be hospitalized compared to patients of an otherwise healthy weight. Obese patients were found 74 percent more likely to end up in intensive care units (ICU) and 48 percent more likely to die.

“Since the pandemic began,” the magazine reported, “dozens of studies have reported that many of the sickest COVID-19 patients have been people with obesity.”

And it’s not just complications from COVID-19 that Americans’ excessive weight has exacerbated. Obesity is also a primary culprit to leading causes of premature death, including heart disease, stroke, type 2 diabetes, and certain types of cancer.

A Harvard study out last week concluded “cutting 20 percent of sugar from packaged foods and 40 percent from beverages” alone, “could prevent 2.48 million cardiovascular disease events (such as strokes, heart attacks, cardiac arrests), 490,000 cardiovascular deaths, and 750,000 diabetes cases in the U.S. over the lifetime of the adult population.”

But it’s fat-phobic to point all of this out? If the COVID crisis taught us anything, it’s that an America addicted to carbs, sugar, and Netflix while demanding healthy neighbors stay home might need a little more so-called fat-phobia.

Tristan Justice is the western correspondent for The Federalist.

Joe Xiden, From Comedy to Tragedy

 Joe Biden, From Comedy to Tragedy

The opinions expressed by columnists are their own and do not necessarily represent the views of Townhall.com.
Joe Biden, From Comedy to Tragedy

Source: AP Photo/Alex Brandon

Washington -- How could a comic figure from the world of politics such as President Joe Biden suddenly become such a tragic figure on the American scene? One minute he is bringing all civilized observers to laughter by telling Katie Couric that former President Franklin Roosevelt dealt with the 1929 stock market crash by getting "on television" and reassuring his fellow Americans as only FDR could do. (For the "woke folks" in my audience, Roosevelt was not president of the United States in 1929, and the television had yet to be popularized. Go ahead, look it up.) So, one minute Joe cracks us up with his nonsensical statement about Roosevelt, and in the next minute, he is betraying an entire country, Afghanistan, and leaving its people tyrannized by ragamuffins. What is more, he has lied to his fellow Americans, repeatedly, obdurately, blatantly.

Joe has been living on a multiplicity of lies for years. His fortune has been composed by lies -- How can a fifty-year-old creature living at the public trough become a millionaire? He has lied as a politician from his first day in politics. He has even been caught plagiarizing from John Kennedy, Bob Kennedy and, of course, from Neil Kinnock, who was at the time leading the British Labour Party. Joe's son, Hunter, has also been an active liar for years, a fraudster, a cheat, and now most flagrantly, he hopes to get by with his deceits because he has said the "Big Guy" is watching out for him. The Big Guy is, of course, Papa Joe. Well, we shall see. But Joe, you can lie to the American people, and you can lie to the media. You can even lie to your priest, but you cannot lie to the ragamuffins who just beat you and walked away with enough military equipment to arm a small army. Moreover, you cannot lie to the clock. The clock says you have three and a half years remaining in office. That is three and a half more years to screw things up even bigger than you have screwed things up in the past six months.

Former President James Buchanan is redeemed! He is no longer the worst president in American history. (Oh, for the woke folk who are still in my audience, Buchanan is commonly held by historians to be America's worst president. Even worse than Jimmy Carter.) By the way, if you can find a statue of Buchanan somewhere I will bet it is not decapitated. The woke have disfigured Abraham Lincoln and George Washington, but they will lay off of Buchanan. He was their kind of guy.

Joe became a tragic figure because of his character. In a word, he lacks character. Former President Bill Clinton lacked character, too, but he boldly lied about it. When he was questioned about his character deficit beginning in the 1992 campaign, he would whine and complain that he had just endured a low blow. He acted as though by 1992, politicians no longer had to suffer from such dirty tricks. Good character was a thing of the past. He beat former President George H.W. Bush, a war hero. Bill Clinton went on to be reelected and gained in popularity despite his affair with Monica and numerous other members of the fair sex. Character no longer mattered.

Bill Clinton raised such a pathetic stink about the critics attacking his character that many simply gave up questioning it. Thus, he went on his merry way abusing women, lying shamelessly about it and moving on to his next target. When he left office, what did he do? He took to the airways flying around with his pal Ron Burkle on Burkle's private jet, which was playfully called Air F--k One. My sources tell me Bill had some sort of falling out with Burkle. So he picked up with Jeffrey Epstein, the molester of underage girls. I guess we all know how that friendship ended. Ever since, Bill has been under the bed in Chappaqua.

Yet Bill set the tone for the modern presidency. Now Joe has shown what a modern president can achieve: disaster in a matter of months. He entered the White House as a buffoon, a widely regarded plagiarist, a master of the gaffe, a man surrounded by mediocrities -- and those are his most accomplished appointments. It gets worse after Antony Blinken and General Lloyd Austin. My guess is it will get still worse. Who said character did not matter?


Justice Department’s Foremost Felony Charge May Be on Thin Ice


Even in this toxic political atmosphere, 
will American juries consent to criminalize 
previously lawful political protest in the nation’s capital?


More than eight months after the worst attack on Washington since the Civil War, as Joe Biden describes it, not a single American has been charged with sedition or treason related to the alleged “insurrection” on January 6, 2021.

As Ben Boychuk explained in his Thursday essay, despite many harsh warnings insisting  the government would build sedition cases, so far Biden’s Justice Department has failed to live up to its promise.

That’s not to say, of course, that the abusive “Capitol breach” probe hasn’t been a big success for those seeking revenge against Americans who protested Joe Biden’s election. The lives of at least 600 Americans have been destroyed—families torn apart, finances bankrupted, reputations forever tarnished, and dozens held in prison, denied bail, and awaiting trials that won’t begin until next year. 

But the Justice Department’s premier felony charge—obstruction of an official proceeding—is on shaky legal ground, to say the least. It’s a substitute for the sedition cases they cannot prove in court.

Prosecutors have slapped the felony count, which is punishable by up to 20 years in jail, against at least 200 defendants, including mostly misdemeanor cases, in an attempt to turn Trump-supporting trespassers into convicted felons. 

Several defendants, including Jacob Chansely, the so-called QAnon Shaman, and Paul Hodgkins have pleaded guilty to the charge; both will serve prison time even though neither man has a criminal record. (Chansley has been behind bars since January. Judge Royce Lamberth refuses to release Chansley from jail, despite pleas from his attorney that he suffers from mental health issues.)

The statute, which I explained in a March column, was passed by Congress in response to the Enron scandal. It’s a clause under 18 U.S. Code section 1512, which criminalizes attempts to tamper with a witness or evidence. When George W. Bush signed the “obstruction of an official proceeding” provision in 2002, he specifically warned the law should not infringe on “the constitutional right to petition the Government for redress of grievances.” 

That, however, is exactly how Joe Biden’s Justice Department is applying the statute. Unsatisfied with simply charging Capitol protesters for criminal behavior, such as assaulting police officers or damaging government property, prosecutors are twisting the intent of the obstruction charge to punish belief in “the Big Lie” that the 2020 election was stolen.

But two federal judges are not convinced the government is on solid legal or constitutional footing.

When a federal prosecutor on Wednesday told Judge Amit Mehta that the law was “unambiguous.” Mehta pushed back. “I wish it were that simple,” Mehta told assistant U.S. Attorney Jeffrey Nestler during a hearing to dismiss the obstruction charge against all 17 defendants in the Oath Keepers case. (Two Oath Keepers already pleaded guilty to the charge.) 

David Fischer, the lawyer representing Thomas Caldwell, last month filed the motion, which was joined by Caldwell’s co-defendants. The purpose of the law, Fischer argued, was to protect congressional investigations, not ceremonial events such as the certification of the Electoral College, which did not involve the normal features of an investigative inquiry. “On January 6th, sworn testimony was not being taken, witnesses were not summoned, and documents were not subpoenaed,” Fischer wrote. “In short, Congress was not remotely engaged in any activity that could fairly be described as justice-related.”

While Mehta seemed to suggest that the events of January 6 met the general definition of an “official proceeding,” the judge was less impressed with the government’s legal explanation for why the felony charge should stand. Referring to the Enron case, Mehta said it was a “stretch” to compare document shredding to what happened on January 6. “This resembles nothing like the shredding of documents.” 

The judge then raised different scenarios, including attempts to disrupt a congressional hearing or his own federal courtroom, and asked Nestler if the charge would apply. “What if someone stands up in a Senate confirmation hearing and says, ‘stop this proceeding.’ Is that a 20-year felony?” Mehta asked Nestler. He replied no. The difference, Nestler argued, is that the Capitol protesters attempted to “scare” Congress on January 6. Mehta noted that “scaring” Congress wasn’t part of the group’s indictment.

Then Nestler told the judge there are “no limitations” to what the obstruction statute could cover—which means Joe Biden’s Justice Department will continue to intentionally misinterpret the law and prosecute citizens for political activity that runs afoul of the regime. Americans could face a felony offense for engaging in behavior that, until 2021, was considered a Constitutionally-protected right under the First Amendment.

“Making a fool of yourself in Congress is what America is all about,” argued Carmen Hernandez, legal counsel for another Oath Keeper. Both Fischer and Hernandez noted that the law has never been applied to a demonstration in Congress. Hernandez raised the 2018 protests in Congress against Supreme Court Justice nominee Brett Kavanaugh as an example of similar behavior. 

“Yes, but they weren’t charged with obstruction of an official proceeding,” Mehta shot back.

Exactly.

Mehta isn’t the only judge handling January 6 cases who is challenging the government’s standing on the obstruction charge. In a hearing last month for two defendants also seeking dismissal of the obstruction count, Judge Randolph Moss warned it faced a “constitutional vagueness problem.” The American people, Moss cautioned, will demand a clear legal “line” between protected activity and criminal misconduct related to political protests.

While defense lawyers clearly have the upper hand from a legal perspective, it would be a shock if any federal judge dismissed the count in January 6 cases. Beltway jurists have coddled the government in every aspect of the Capitol breach probe—moving discovery deadlines, ignoring speedy trial rights, and, most egregiously, denying bond for the accused based on their political views. It is highly unlikely that any D.C. district judge will finally call the Justice Department’s bluff. Mehta and Moss, both Obama appointees, fully understand the political ramifications of dropping the obstruction charge, particularly in the Oath Keepers case, which is the Justice Department’s marquee conspiracy case. 

It is apparent from their recent arguments in court that the government is not prepared to defend the charge before a jury. Even in this toxic political atmosphere, will American jurors consent to criminalize previously lawful political protest in the nation’s capital?

Joe Biden’s Justice Department is on a dangerous slippery slope. The only question is, who will stop them?