Jeffrey Toobin, a former CNN analyst who continues to make appearances on the liberal network, lashed out at U.S. Supreme Court Justice Clarence Thomas Tuesday for daring to question the Biden Department of Justice's uneven application of the law.

By calling the highly esteemed constitutionalist a "disgrace," Toobin exposed himself once again to criticism over his less than sterling public record.

The case

The U.S. Supreme Court heard oral arguments Tuesday in Fischer v. United States, which concerns the application of a federal obstruction statute against Jan. 6 protesters.

The controversial law in question, Section 1512(c)(2), makes it a felony to obstruct or impede an official proceeding and carries a maximum penalty of 20 years. The law has been weaponized by the Biden Department of Justice for use against more than 350 Jan. 6 protesters.

CBS News highlighted that the felony charge is among those former President Donald Trump faces in the case brought in Washington, D.C., by special counsel Jack Smith in 2023.

America's Future and the Conservative Legal Defense and Education Fund noted in their amicus brief on the behalf of the petitioners that the DOJ has "indicted hundreds, including [former police officer Joseph W. Fischer], for a crime that carries a sentence twice what Congress provided for insurrections," on the basis of a "strained reading" of an obscure provision of the Sarbanes-Oxley Act and a "fabricated January 6 narrative."

"Allowing this strained reading to stand can be expected to lead to further weaponization of the Justice Department," said the brief.

Oral arguments

During oral arguments Tuesday, Jeffrey Green, who represented Fischer, noted that the law was created with the intention of addressing acts that impact the "integrity or availability of evidence," not acts that serve as inconveniences without affecting evidence, reported The Hill.

Conservative justices appeared interested in the selective and potential expansive application of the law, which the DOJ conceded serves as a "classic catchall."

Justice Neil Gorsuch asked, "Would a sit-in that disrupts a trial or access to a federal courthouse qualify? Would a heckler in today's audience qualify or at the State of the Union Address? Would pulling a fire alarm before a vote qualify? And for 20 years in federal prison?"

U.S. Solicitor General Elizabeth Prelogar, arguing on behalf of the government, suggested the statute would apply in cases of "meaningful interference" and that "minor disruption[s]," determined by partisan prosecutors, would be safe.

Gorsuch responded with a thinly veiled intimation that New York Democratic Rep. Jamaal Bowman's fire alarm pull and Portland radicals' sit-in would qualify as federal felonies.

Prelogar insinuated that perceived interference or obstruction regarded by partisan prosecutors as "mostly peaceful protests" are exempt.

 

Supreme Court Justice Gorsuch nukes Joe Biden's DOJ over January 6th sentences:\n\nGorsuch lists multiple cases of folks who "obstructed a Congressional proceeding" without receiving a 20 year sentence.\n\n1. Sit-ins at a trial (Kavanaugh protests)\n2. Pulling a fire alarm (Rep.\u2026

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Justice Thomas also risked the ire of statists and other champions of government overreach, highlighting the DOJ's uneven application of the law.

"There have been many violent protests that have interfered with proceedings," said Justice Thomas. "Has the government applied this provision to other protests in the past, and has this been the government's position throughout the lifespan of this statute?"

Prelogar refrained from answering the question directly, prompting Thomas to ask again, "Have you enforced it in that manner?"

"I can't give you an example of enforcing it in a situation where people have violently stormed a building in order to prevent an official proceeding, a specified one," answered the solicitor general.

A stone thrown from a glass house

Prickled by Justice Thomas putting questions of substance to the state, Toobin denounced the Supreme Court justice online.

The frequent CNN guest, who once had a job at the network, wrote in an X post, "In oral argument today, Justice Thomas is minimizing the severity of the 1/6 insurrection at the Capitol. Perhaps that's because his wife was part of the conspiracy. What a disgrace that he's sitting on this case."

Toobin quickly learned he was not the only critic on the platform.

Megyn Kelly responded, "Hi Toobin - fyi you waived your right to use the term 'disgraced' about other lawyers when you took your dick out of your pants and jerked off in front of your colleagues."

 

Hi Toobin - fyi you waived your right to use the term \u201cdisgraced\u201d about other lawyers when you took your dick out of your pants and jerked off in front of your collleagues

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Mike Davis of the Article III Project, among the many who clearly appreciated Kelly's response, said, "Has anyone reported this murder yet?"

Sean Davis, CEO of the Federalist, similarly noted, "It always amuses me when a man who got caught beating his meat on a Zoom call thinks he's in a position to call other people disgraceful."

Toobin worked as a writer at the New Yorker and CNN's chief legal analyst until he exposed himself to colleagues on an October 2020 zoom call. People familiar with the matter told CNN that in a disgraceful display, Toobin began masturbating during the call.

Toobin acknowledged the incident occurred and claimed, "I thought no one on the Zoom call could see me. I thought I had muted the Zoom video."

CNN, which initially sidelined the flasher, apparently waited until August 2022 to confirm Toobin's departure from the network.

While various critics referenced Toobin's 2020 incidents, others went for deeper cuts, referencing his sordid extramarital affair.

The New York Post reported that the father of two had an affair with his former CNN colleague's daughter, 14 years his junior. After getting her pregnant, Toobin allegedly offered Casey Greenfield "money if she'd have an abortion."

Toobin reportedly denied paternity of the baby but was later confirmed by tests to be the father, prompting Greenfield to take Toobin to court over custody and financial support issues.

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