December 14, 2023

Supreme Court to Review Obstruction Laws Tied to Trump January 6 Case

Just as I predicted many months ago, the Supreme Court is starting to get involved in the cases against Donald Trump.

In this particular case, it will also impact the January 6 protesters who were arrested.

The law in question is obstruction of an official proceeding.

Supreme Court Coming In

There are some people who were at the rally turned riot on January 6 that did some horrific things.

There also seem to be people who just got caught up in the moment but did not commit what many people would consider a crime, especially if you start to measure their actions against those we have seen in other riots, such as the riots that took place after George Floyd died.

Trump, along with hundreds of J6 participants, has been charged with “obstruction of an official proceeding,” which carries a maximum sentence of 20 years.

Now, the case before the court is not Donald Trump’s case, unlike the immunity case that Special Counsel Jack Smith has asked the court to hear.

The case the court will be reviewing is against Joseph Fischer, but it does kind of put the Trump case in limbo because they are both facing the same charge.

And this goes much further than just Trump and Fischer, as there have been more than 325 defendants charged with obstruction.

Fischer’s attorneys say the obstruction charge is overreach because the intent of the law was to address conduct such as shredding documents or improperly handing records, none of which pertain to Fischer.

At the heart of the decision will be how court members interpret the actions of Fischer, and the rest of the defendants for that matter, to say whether they were acting “corruptly” or not.

Some of the other defendants in the January 6 case have already had the charges tossed when the judge ruled the prosecution had failed to prove these defendants were acting corruptly regarding their actions that day.

While the motion filed by Jack Smith should be rectified early next year (the Defense has until December 20 to submit its arguments), this case will not be heard until next spring, which could push the start date of the Trump trial back considerably (it is currently slated to start in March).

If Trump can somehow get this case delayed until after the general election, it would be a godsend for his campaign (Trump’s numbers take a serious nosedive if he is convicted of a felony).

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