April 15, 2024

Supreme Court Will Hear Case That Could Impact Trump’s Prosecution

Every new term, we get the slate of cases that will go before the Supreme Court.

While the abortion and Trump appeals have dominated the news cycle on this front, there is another case that could be very important for Trump.

The case revolves around a January 6 defendant, and when it is announced, this ruling will crush one side or the other in Trump’s prosecutions.

The Sleeper Case

Joseph Fischer will soon learn his fate in his Supreme Court appeal of being charged with "obstruction of an official proceeding.”

He and hundreds more were charged with this crime for their actions on January 6, 2021.

Donald Trump is also facing this charge in one of the cases brought by Special Counsel Jack Smith.

This was the case being overseen by Judge Chutkan, which was initially supposed to start in March, but it has been indefinitely delayed while the court decides on presidential immunity.

Several cases have already been dismissed on this front because the court had ruled obstruction charges did not cover conduct on Capitol grounds.

Trump-appointed Judge Carl Nichols had already determined that prosecutors bent the law quite a bit in applying the laws to these cases, so you better believe that both Trump and Smith are anxiously awaiting the Supreme Court decision on this matter.

Fischer’s attorneys have argued, "That definition encompasses lobbying, advocacy, and protest, the very mechanisms that citizens employ to influence government. These are all forms of political speech that the First Amendment protects."

The government has countered, "The proof in this case would show that on January 6, 2021, petitioner and other rioters corruptly sought to prevent Congress from counting the certified votes of the Electoral College in the joint session.”

Legal experts have chimed in on this case, and they tend to lean toward the conservative court leaning more toward dialing down government powers on this front, which would be a dream decision for Trump.

After the court hears arguments in this case, it will hear arguments regarding Trump’s claim of immunity.

If Fischer wins his case, I think we can expect an immediate motion by Trump’s legal team, which would further delay Trump’s January 6 case, which I believe is one of the more daunting cases for Trump.

While I believe he will win four of the six cases he is currently involved in on appeal at some level, giving him at least some relief from the initial verdict, the two cases brought by Jack Smith are cases that I believe Trump is going to have a hard time winning at any level.

However, if he manages to delay them until after the election, the likelihood of Trump ever standing trial is minimal. His AG would likely drop all charges, which would then result in Dems trying to impeach both Trump and his AG, but I think Trump would prefer that than having to stand trial for these charges and possibly going to jail.

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