"I found today to be extremely disappointing," Kelly said of the decision drop on Thursday. "The Supreme Court is clearly playing politics. They do not want to release the presidential immunity order, which is complete. They don't want to release the Fischer opinion, also complete, related to [18 U.S.C.] 1512(c)(2). And why this is really inexcusable politicking by this Court, is because by not publishing either one, especially the Fischer case, denies Donald Trump the ability and opportunity to tell a national audience tonight—if the Fischer decision comes back the way most people expect—that this Supreme Court is to reverse how the DOJ weaponized a post-Enron document shredding statute to charge more than 350 Americans with a felony count, throw them into prison for years, turn them into life-long felons, destroy their lives.
"And this will be the biggest proof of how the DOJ has been politicized and how then—if this Fischer decision comes down how we want, how we expect it to be— wrongfully prosecuted hundreds of Americans to punish them for protesting Joe Biden's election. If Fischer comes down tomorrow—if, again, the way we think—and Trump, obviously, we all will be talking about it. But this denies him the opportunity to tell, not just a national audience but to confront Joe Biden for what his DOJ has been doing to more than now 1,500 Americans and their families for more than three years. That to me is inexcusable," she said.
"It's also a detriment to the American people," Posobiec told Kelly, who has been diligently tracking the J6 cases, "because there will be people who watch this debate and then don't watch anything about politics until maybe the next debate, but by that point, we've already got early voting started, by that point, people have already started making their decisions, so they're denying people—we know these decisions are coming.
"The decisions have already been made, so it's just a schedule on when it's released," Posobiec said. "The schedule, that they decided... they are not releasing it until after the debate. So President Trump could be there, and explain that that Supreme Court has overturned... some of these January 6 cases, which would obviously throw out some of the charges that Jack Smith has laid on President Trump, particularly this 1512(c)(2) charge regarding obstruction, that they would throw it out and then President Trump would be able to talk about that at the debate to the American people.
"He would then be able to talk about the presidential immunity case. We would hear about the gross injustices that have come from the Department of Justice under Merrick Garland, under Lisa Monaco. But instead, the American people won't get to hear about that because they decided to hold the releases until tomorrow," Posobiec said.
Kelly said that this release delay will engender further distrust of the court and that this is "the Chief Justice intentionally withholding these" decisions until after the debate.
