Supreme Court to consider hearing Jan. 6 cases that could affect Trump prosecution

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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

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Supreme Court considers taking Jan. 6 cases that could affect Trump prosecution
by Kaelan Deese, Supreme Court Reporter
December 08, 2023 05:00 AM

The Supreme Court is slated to consider whether to grant petitions from defendants charged in relation to the Jan. 6 riot that could have implications for the criminal prosecution of former President Donald Trump.

The defendants are seeking to dismiss a charge in their indictments alleging they obstructed an official proceeding at the U.S. Capitol on Jan. 6, 2021, when Congress was temporarily stalled from certifying President Joe Biden's victory after rioters stormed the building. Justices will convene for a semi-regular private conference on Friday, where they will weigh whether to allow an oral argument review involving defendants Edward Lang, Joseph Fischer, and Garrett Miller.

The Supreme Court is being asked to consider whether Section 1512 (c)(2) of the United States Code is the right statute under which to prosecute the defendants. Defense counsel for Lang argued the dispute over this statute could affect "hundreds of cases as the Department of Justice continues to charge folks who participated in a protest turned violent on January 6, 2021," according to a petition filed on July 11.

Trump has also been charged with the same offense, among others, in his four-count federal election interference case brought by special counsel Jack Smith.

more
https://www.washingtonexaminer.com/policy/courts/supreme-court-considers-jan6-cases-could-impact-trump

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Merged topics.

[Elderberry]

Mystery Surrounds Supreme Court's Decision on Capitol Riot Case

Newsweek by Katherine Fung 12/11/2023

Three petitions arising from January 6 Capitol riot prosecutions have been relisted by the Supreme Court, raising questions about how justice might rule, why a decision is being delayed and whether good news for former President Donald Trump could be on the horizon.

The court released a new order list on Monday that included the relisting of three different appeals brought by defendants Edward Lang, Garret Miller and Joseph Fischer, who are challenging the Justice Department's reading of the felony "obstruction of an official proceeding." The justices opted to take no action on the matter, and push the matter until the new year instead.

A U.S. District judge previously dismissed the charge against the three defendants, but a U.S. Appeals Court reversed that decision in April. The three men have not gone to trial on the charge.

The obstruction charge has been deployed against hundreds of defendants allegedly involved in the January 6, 2021 riot, including Trump, who faces the charge in his federal election interference case. If the justices decide so much as to take up the case, it would take months for them to hear oral arguments and they would then be expected to issue a ruling before June. If the Supreme Court strikes down the DOJ's application of the federal law, such a decision is expected to upend hundreds of cases.

Asked about the court's Monday announcement, Lang's attorney Norm Pattis told Newsweek, "Well, the petition is still alive. So that is good," but added that he wasn't sure why the justices have chosen to relist the cases.

More: https://www.newsweek.com/mystery-surrounds-supreme-court-decision-capitol-riot-case-1851325