“According to Defendants, Section 1512(c)(2) does not apply here because Congress’s certification was not an ‘official proceeding,’ and the phrase ‘otherwise obstructs, influences, or impedes’ is limited to conduct like the destruction or alteration of documents and other records. In addition, if the statute is not read as they propose, Defendants argue that it is vague as applied; contravenes the rule of lenity; conflicts with the novel-construction principle; and violates the First Amendment.”

“None of these arguments succeeds. Defendants are not, as they argue, charged with anything like burning flags, wearing black armbands, or participating in mere sit-ins or protests… Moreover, even if the charged conduct had some expressive aspect, it lost whatever First Amendment protection it may have had” – Highlights from DC District Judge Timothy Kelly in his opinion on Proud Boys Ethan Nordean, Joseph R. Biggs, Zachary Rehl, and Charles Donohoe’s lame attempt to say their reasons for being present at the Capitol on January 6th was constitutionally protected free speech.

The four assholes were indicted on conspiracy charges on May 15th, adding to the trouble they were already in over their original charges from the Capitol riot. Nordean was a particularly unhappy camper on Inauguration Day, crying “FUCK TRUMP! Fuck him more than Biden. I’ve followed this guy for 4 years and given everything and lost it all. Yes he woke us up, but he led us to believe some great justice was upon us… and it never happened, now I’ve got some of my good friends and myself facing jail time cuz we followed this guys lead and never questioned it. We are now and always have been on our own. so glad he was able to pardon a bunch of degenerates as his last move and shit on us on the way out” per court docs from May.