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Monday, September 16, 2024

Judge Tosses J6 Conviction of Ohio Pastor Following SCOTUS Ruling

'Dunfee was convicted of two felony charges partially under this flawed legal theory...'

(Luis CornelioHeadline USA) A federal judge dismissed the conviction of an Ohio pastor involved in the Jan. 6 protests after the Supreme Court delivered a scathing rebuke of the DOJ’s broad interpretation of an obstruction law. 

On Tuesday, U.S. District Judge Reggie B. Walton vacated the obstruction conviction of William Dunfee following the high court’s ruling in Fischer v. United States, reported Politico journalist Kyle Cheney.

In Fischer, the justices ruled that federal prosecutors must demonstrate that a defendant impaired the availability or integrity of an official proceeding. Prosecutors had initially argued that merely entering the Capitol impaired the certification of the 2020 election.

Dunfee was convicted of two felony charges partially under this flawed legal theory. Among those charges included obstruction of an official proceeding or aiding and abetting, and civil disorder. He was also convicted of a misdemeanor charge of entering or remaining in a restricted area.

The charges stemmed from Dunfee’s Jan. 6 trip to Washington, D.C., to protest what he perceived as government tyranny and socialist undermining of the 2020 presidential election. 

Prosecutors submitted evidence showing Dunfee explaining to law enforcement officials his intent to protest the election results. 

“Mister police officers, we want you to understand something. … We want Donald Trump and if Donald Trump is not coming, we are taking our house. We are taking our house,” Dunfee allegedly told police. 

Dunfee was arrested in October 2022 and convicted on Jan. 22, 2024. He was one of 64 Ohioans charged with Jan. 6-related crimes, according to the Coshocton Tribune. 

In total, 1,488 people were arrested for their involvement in the Jan. 6 protests, according to a DOJ press release. Roughly 547 individuals have been charged with assault or impeding officers and 259 others with obstruction.

The DOJ announced on Tuesday it is reviewing individual cases related to obstruction following the high court’s decision in Fischer. 

“There are zero cases where a defendant was charged only with corruptly obstructing, influencing, or impeding an official proceeding, or attempting to do so,” the DOJ wrote. “Every defendant also faces other criminal charges—felonies, misdemeanors, or both—for illegal conduct related to the Capitol Breach.” 

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