Two weeks ago I wrote here that on December 5th Speaker of the House Mike Johnson had arguably committed the federal crime of obstruction of justice when he announced that the security videos of January 6, 2021 would be tampered with before releasing them to the public. As he said that day: “As you know, we have to blur some of the faces of persons who participated in the events of that day because we don’t want them to be retaliated against and to be charged by the DOJ, and to have other concerns and problems. [emphasis added] This appears to have violated 18 U.S.Code § 1501 §§ (c) which forbids alteration of, for example, videotapes with “the intent to impair the object’s integrity or availability for use in an official proceeding.”
Since my posting on the matter, Johnson’s Chief of Staff for Communications Raj Shah issued this essentially dishonest “clarification”, or in political jargon, a craven walk-back: “Faces are to be blurred from public viewing room footage to prevent all forms of retaliation against private citizens from any non-governmental actors. The Department of Justice already has access to raw footage from January 6, 2021.” This is a distinction without a difference because blurring faces may, in fact, hide the identity of a January 6th insurrectionists from viewers of the tapes who might be able to disclose their identities to law enforcement actors who are still investigating the attack. Arguably, this “obstructs, influences, or impedes any official proceeding, or attempts to do so . . .”
Mike Johnson’s Eyes Blur When Reading Federal Laws
Johnson and cohorts, however, may have violated another federal criminal statute:
18 U.S.Code § 3 – Accessory after the fact
Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender in order to hinder or prevent his apprehension, trial or punishment, is an accessory after the fact.
Except as otherwise expressly provided by any Act of Congress, an accessory after the fact shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half the maximum fine prescribed for the punishment of the principal, or both; or if the principal is punishable by life imprisonment or death, the accessory shall be imprisoned not more than 15 years.
His blurred faces caper, as he admitted above, was specifically designed to “hinder or prevent . . . apprehension, trial or punishment . . .”
Breaking News: MAGA World Shocked That Laws Still Exist!
Of course, neither of these laws will cause Johnson, and perhaps others, to be perp walked. DOJ will not touch this for obvious reasons. It’s unfortunate, though, that they will never even investigate just a tiny bit as a shot across MAGA’s row boat bow, a warning. The vast majority of MAGA folks, don’t truly recognize a primary fact: the laws of the United States still exist, they could look them up. Despite their self-congratulatory posture as permanent revolutionaries, they have not yet succeeded in bringing their own government to its knees, the government that their legislators swear to support and defend:
I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.
So, Speaker Johnson and other MAGAs, like it or not, have to live in a world where laws still exist and cannot simply be created on the fly, for whatever purpose suits them. There’s a war to win first. And that’s a bit more difficult than merely believing you’ve already won.
Excellent post. Thank you.
Eye-opening, great commentary.