The Supreme Court announced on Wednesday that it will consider an appeal filed by a man charged with obstruction due to his involvement in the U.S. Capitol riot on January 6, and how the court’s decision could directly affect former President Donald Trump, who faces the same charge.
Key Facts
Joseph Fischer, who has been charged by the Department of Justice, is asking the court to dismiss the obstruction charge due to his involvement in the 2021 Capitol attack.
Trump, who has been charged with violating the same legal provision in a federal case brought by special counsel Jack Smith that is set to go to trial in March, could benefit if the court takes a pro-Fischer stance.
According to an NBC report, appeals from Garrett Miller and Edward Lang, two defendants in the January 6 incident, will also be considered alongside Fischer’s case.
What We Don’t Know
It is unclear how long the Supreme Court may take to consider the case or how their discussion about the matter could affect Trump’s trial. Trump’s lawyers could potentially use this to delay his own trial, according to the NBC report.
Background
Obstruction charges have also been brought against Proud Boys leader Henry “Enrique” Tarrio and Oath Keepers founder Elmer Stewart Rhodes III, both of whom have been convicted. This is also one of the four charges the Department of Justice filed against Trump over the summer. The former president has been charged with conspiracy to defraud the United States, conspiracy against citizens’ rights, obstruction of an official proceeding, and conspiracy to obstruct an official proceeding. Trump has pleaded not guilty to all four charges. In recent weeks, Trump has attempted to argue that he has immunity from criminal charges because he was in office when those events occurred and filed a motion to dismiss the charges against him earlier this month. Smith argued that Trump does not have immunity from criminal prosecution due to his behavior while in office, and Judge Tanya Chutkan sided with the prosecution and denied Trump’s motion to dismiss the case. Trump then requested a stay of the case until the Supreme Court rules on his immunity request. Earlier this week, Smith asked the Supreme Court to consider Trump’s arguments regarding immunity, and the court agreed to examine the matter.
What to Watch For
Currently, Trump’s trial in this case is scheduled to begin in March 2024, just months before the presidential election, but that could change depending on when and if the Supreme Court hears Smith’s immunity request.
In-Depth Reading
Supreme Court to Consider Trump’s Immunity Claims in January 6 Criminal Case
Trump Now Faces the Same Charge as Hundreds of January 6 Rioters: Obstructing an Official Proceeding
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