Ali Alexander
Alabama-connected extremist Ali Alexander has a history of making inflammatory statements, some of which suggest he might be willing to test the boundaries of law to advance a right-wing agenda. One example came when he led a "victory or death" chant the night before the Jan. 6 mob assault on the U.S. Capitol. The latest example comes via a Media Matters report in which Alexander claims he is working behind the scenes to disrupt the committee investigating Jan. 6.
That raises at least two questions: (1) What tools does Alexander have at his disposal to disrupt a Congressional committee? (2) Is Alexander referring to a potential crime, such as obstruction of justice or the related obstruction of Congress?
Come to think of it, that raises two additional questions: (3) Does Alexander realize he could be talking about activity that amounts to a crime? (4) Why haven't his lawyers told him to keep his mouth shut after testifying before the committee on Dec. 9?
The Media Matters story is built around an online stream in which Alexander appears to reference an interview he did with Tucker Carlson of Fox News:
ALI ALEXANDER (“STOP THE STEAL” ORGANIZER): But something I wanted to say was if you watched that interview, you probably know more -- I'm not kidding -- than 95 percent of the public about the January 6 select committee process. And I'll tell you why it is. It's because most of the liberal media is actually not well-sourced on the issue, which is interesting. And then there are a couple of journalists who are on the left who are well-sourced on the issue, and they're dumping and leaking information that's being illegally leaked from the committee. And, and then on the right, it's not really being covered, which, don't worry, that will fix itself. I've got -- I -- like I said, Ali's hard at work. It's a full-time job right now, but it will pay off for the whole country. There's few things that I've been -- there are few things that I've done in my life that immediately help the country. And what I've been doing for the past four weeks behind the scenes is going to help over 100 million people.
And so I'm really proud of that. And including a lawsuit with Nancy Pelosi, but again, it's just like the birth of "Stop the Steal." No one understands the crazy connections that I see. You can just either believe me or not, you know? And then everyone sees it. And then the left decides it's a threat. So the fortunate thing is I'm so underestimated by the left, and what I am doing behind the scenes will impact all of America, but it will positively impact at least the 75 million of us that voted for Trump.
Alexander might believe he's being clever or uncharacteristically coy, and in fact, his words might prove to be harmless enough. But there is this little matter called "obstruction of Congress," and Alexander's words suggest he, or someone on his behalf, might be traipsing close to a slippery legal boundary.
Obstruction of Congress is a complex topic, and it can come in a variety of forms. One of the better definitions we've found comes under 18 U.S.C. 1505, which reads in part:
Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress—
Shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both.
We are not sure where Alexander thinks he's headed with his behind-the-scenes work, but the words of Sec. 1505 suggest he should tread softly.
The language of 1505 suggests fooling around with the work of a Congressional committee might make for entertaining social-media banter, but it probably is not a smart move. If Alexander himself does not understand that, his lawyers -- who probably aren't working for free -- would be wise to make sure he does.
