NBC News by Lawrence Hurley and Ryan J. Reilly 12/1/2023
Three men charged in connection with the 2021 attack on the Capitol are seeking to dismiss a charge former President Donald Trump also faces.The Supreme Court will soon consider whether to hear appeals brought by people charged with offenses relating to the Jan. 6, 2021, assault on the U.S. Capitol in cases that could have a major impact on the criminal prosecution of former President Donald Trump.
The justices are weighing three different appeals brought by defendants Joseph Fischer, Edward Lang and Garret Miller.
The court was scheduled to discuss the cases in their regular private meeting on Friday. But the meeting was canceled following the death of retired Justice Sandra Day O'Connor.
The justices will now consider the cases at a later date, possibly as soon as next Friday.
The three men are seeking to dismiss a charge accusing them of obstructing an official proceeding, namely the certification by Congress of President Joe Biden’s election victory, which was disrupted by a mob of Trump supporters.
Trump has been charged with the same offense, as well as others, in his federal election interference case. As a result, whether the court takes up the appeals or rejects them could affect his case.
If the court rejects the appeals, a lower court ruling that allowed the government to pursue the charges against the defendants would remain in place.
But if the justices take up the cases, it would lead to a monthslong delay while they hear oral arguments and issue a ruling sometime during the court’s current nine-month term, which ends in June. At least four votes are needed for the nine-justice court to hear a case.
More:
https://www.nbcnews.com/politics/supreme-court/supreme-court-weighs-hearing-jan-6-cases-affect-trump-prosecution-rcna127519