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Supreme Court To Hear Jan 6th Case That Could Affect Trump [1]

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Date: 2023-12-13  

In the latest twist in American politics, the Supreme Court has decided to take on an appeal from Joseph Fischer, a man linked to the January 6, 2021, Capitol riot. This case stands to significantly influence the legal battles of former President Donald Trump. Fischer, charged with obstructing an official proceeding, specifically Congress’s certification of President Joe Biden’s victory, is not alone in his legal plight. Similar appeals by Edward Lang and Garret Miller hinge on the Supreme Court’s verdict in Fischer’s case.

Fischer’s attorney, Fritz Ulrich, remains tight-lipped yet hopeful about the court’s decision to define the law’s boundaries. Meanwhile, Trump faces parallel charges in his federal election interference case. The Supreme Court’s involvement could strategically delay Trump’s trial, initially set for March, a move potentially advantageous to Trump, given his leading position in the Republican presidential nomination polls.

Should Trump triumph in the November election, he could potentially dismiss the charges. However, a conviction before the election could alter his political fate significantly. Trump is concurrently battling four criminal prosecutions, two by special counsel Jack Smith and others in New York and Georgia.

At the heart of the Supreme Court case is 18 U.S.C. 1512(c)(2), a provision from the Sarbanes-Oxley Act of 2002, aimed at preventing evidence tampering. Defendants argue that its application to the January 6 incident was never intended. Trump’s legal team has echoed this sentiment.

In lower courts, the broad application of this law has been contested, particularly the use of the term “corruptly.” U.S. District Judge Carl Nichols initially dismissed these charges against the three January 6 defendants, but a subsequent ruling by the U.S. Court of Appeals for the District of Columbia Circuit, in a 2-1 decision, reversed this dismissal.

Fischer, a former police officer, allegedly played a physical role in the Capitol riot and encouraged others to do the same. His lawyers, however, claim his presence in the Capitol was brief and after Congress had recessed.

The Justice Department insists it’s too early for the Supreme Court to intervene, as none of the defendants have yet faced trial on the obstruction charge. Solicitor General Elizabeth Prelogar is confident of proving the defendants’ guilt beyond a reasonable doubt.

The Supreme Court, with its conservative majority, has historically been critical of the Justice Department’s broad interpretation of criminal statutes, as evidenced by a 2015 ruling that invalidated a fisherman’s conviction under a different Sarbanes-Oxley provision. This latest case continues to reflect the court’s skepticism towards expansive legal interpretations.

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