Supreme Court will hear a case that could undo Capitol riot charge against hundreds, including Trump

[Elderberry]

AP by MARK SHERMAN 12/13/2023

 The Supreme Court on Wednesday said it will hear an appeal that could upend hundreds of charges stemming from the Capitol riot, including against former President Donald Trump.

The justices will review a charge of obstruction of an official proceeding that has been brought against more than 300 people. The charge refers to the disruption of Congress' certification of Joe Biden's 2020 presidential election victory over Trump.

That's among four counts brought against Trump in special counsel Jack Smith's case that accuses the 2024 Republican presidential primary front-runner of conspiring to overturn the results of his election loss. Trump is also charged with conspiracy to obstruct an official proceeding.

The court's decision to weigh in on the obstruction charge could threaten the start of Trump's trial, currently scheduled for March 4. The justices separately are considering whether to rule quickly on Trump's claim that he can't be prosecuted for actions taken within his role as president. A federal judge already has rejected that argument.

A lawyer for Trump didn’t immediately return a message seeking comment on the Supreme Court’s decision to review the charge.

The Supreme Court will hear arguments in March or April, with a decision expected by early summer.

More: https://news.yahoo.com/supreme-court-hear-case-could-143456759.html

[Elderberry]

Court to weigh in on scope of law used in Jan. 6 prosecutions

SCOTUSblog by Amy Howe 12/13/2023

Two days after Special Counsel Jack Smith asked the justices to decide quickly whether former President Donald Trump can face criminal charges for conspiring to overturn the results of the 2020 elections, the Supreme Court agreed to hear a case that could affect the charges against Trump even if the court ultimately rules that he is not immune from prosecution. The justices on Wednesday agreed to weigh in on the use of a federal law – also at issue in Trump’s case – that makes it a crime to “corruptly” obstruct congressional inquiries and investigations to prosecute participants in the Jan. 6 attacks on the U.S. Capitol.

The announcement that the justices would hear argument in Fischer v. United States came on a list of orders released on Wednesday morning. (The grant of review in two cases involving access to the pill used in medication abortions is covered separately.)

The defendant in the case, Joseph Fischer, says he was only briefly inside the Capitol on Jan. 6 but was charged with (among other things) assaulting a police officer, disorderly conduct in the Capitol, and obstruction of a congressional proceeding.

Fischer sought to have the charge at the center of his Supreme Court case dismissed, and U.S. District Judge Carl Nichols agreed. He reasoned that the law, which was enacted in the wake of the Enron collapse, was only intended to apply to evidence tampering that obstructs an official proceeding.

More: https://www.scotusblog.com/2023/12/court-to-weigh-in-on-scope-of-law-used-in-jan-6-prosecutions/

[rangerrebew]

Supreme Court Decision Shakes Up Sentencings of Jan.6 Rioters, Potentially Undoing Charges against Donald Trump
©Provided by All Things Finance
The Supreme Court’s recent move to consider a case that challenges the Justice Department’s prosecution of January 6 rioters has resulted in the suspension of several rioters’ sentencings, potentially impacting hundreds of cases, including those against Donald Trump.

https://www.msn.com/en-us/news/politics/supreme-court-decision-shakes-up-sentencings-of-jan-6-rioters-potentially-undoing-charges-against-donald-trump/ss-BB1gZLHE?ocid=msedgntp&pc=HCTS&cvid=4c702148daf5410db0d5d88fbd61b29a&ei=48