I cannot stress enough that on the chance SCOTUS takes this and rules in favor of the petitioner, it could be disastrous for the DoJ, for history. In the universe that the court takes it and rules in favor of it like they did for Fischer, it could bless many 1A argument rioters, including violent ones, have made.
https://lawandcrime.com/high-profile/jan-6-rioter-pushes-supreme-court-to-throw-another-wrench-into-hundreds-of-capitol-riot-convictions/#disqus_thread
@Brandi_Buchman Yeah, I kind of doubt they'll even take it. This one seems pretty clear-cut and grounded in precedence, and as bad as this SCOTUS has been lately, they're pretty solid on 1A issues.
