The Supreme Court announced Wednesday it will examine a case involving the Jan. 6, 2021, Capitol riot that could spell trouble for the federal charges against former President Donald Trump.
At issue is the case of Joseph Fischer, a former Pennsylvania police officer who allegedly got physical with an officer on the grounds of the Capitol and called on rioters to “hold the line.”
A lower court judge had dismissed the charge of obstructing an official proceeding against Fischer and two other defendants, Edward Lang and Garrett Miller, ruling it didn’t cover their conduct and that the men had to take “some action with respect to a document, record or other object.”
The DC Circuit Court of Appeals restored the charge in an April ruling, which Fischer’s legal team appealed to the high court, arguing their client only entered the building after Congress recessed and was only inside for a brief period.
Prosecutors have slapped obstruction of an official proceeding charges against at least 315 rioters, as well as the 77-year-old Trump, who faces up to 20 years in prison if convicted on that count.
The former president is also charged with conspiracy to obstruct an official proceeding.
Joseph Fischer, a Pennsylvania police officer posted a video of himself charging a line of police officers on Facebook. U.S. Justice Department
Prosecutors have slapped obstruction of an official proceeding charges against at least 315 rioters U.S. Justice Department
The decision could have a major impact on the case against Donald Trump REUTERS
The Supreme Court is set to determine the scope of obstruction of an official proceeding charge. REUTERSMany of the Jan. 6 defendants have other charges pending against them as well. Fischer, for example, is accused of civil disorder, resisting arrest and entering a restricted building, among other counts.
Defense attorney Kira Anne West, who has represented several Jan. 6 defendants charged with obstruction of an official proceeding, told the Associated Press the courts will have to “undo a whole bunch of cases” and adjust many sentences if the Supreme Court rules in Fischer’s favor.
“This is a watershed day,” she said. “In our world — defense lawyer world — this is huge.”
Donald Trump gave an infamous speech at the White House Ellipse before the riot unfolded. REUTERSTrump faces two other charges: Conspiracy to violate civil rights and conspiracy to defraud the US.
The 77-year-old president has pleaded not guilty and denied wrongdoing. He is also facing 87 other counts spanning three separate criminal cases.
The justices are expected to hold oral arguments in March or April, with a decision due by the end of term in late June.
The high court is also taking up a separate case that could derail prosecution of Donald Trump over the 2020 election. AFP via Getty ImagesEarlier this week, the high court agreed to fast-track a ruling on whether presidential immunity shields Trump from prosecution in the federal 2020 election case.
Special Counsel Jack Smith asked the court to rule by Dec. 18 to avoid delays to the trial in that case, which is currently slated to commence on March 4. The justices have given Trump’s legal team until Dec. 20 to respond.
US District Judge Tanya Chutkan ruled earlier this month that Trump was not immune from prosecution.
A decision from the high court in that matter could also have implications for a similar case brought against the former president by prosecutors in Georgia.
