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Jan. 6 Case Will Test the Supreme Court’s Hypocrisy [1]

['Noah Feldman', 'Noah Feldman Is A Bloomberg Opinion Columnist. A Professor Of Law At Harvard University', 'He Is Author', 'Most Recently', 'Of', 'To Be A Jew Today', 'A New Guide To God', 'Israel', 'The Jewish People.']

Date: 2024-04-18

On Tuesday, the Supreme Court’s conservative majority appeared skeptical that prosecutors could use the Sarbanes-Oxley Act to go after Jan. 6 rioters. It’s a closely watched case in part because Special Counsel Jack Smith also cited this statute in his criminal charges against former President Donald Trump.

As a matter of statutory interpretation, it would be plausible to say that the relevant part of the statute shouldn’t apply to Trump or the rioters: it is part of the Sarbanes-Oxley Act and was originally aimed at preventing the destruction of documents to thwart criminal investigation.

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[1] Url: https://www.bloomberg.com/opinion/articles/2024-04-18/jan-6-case-tests-supreme-court-s-textualism-and-trump-loyalty?embedded-checkout=true

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