Supreme Court to Review Case Potentially Impacting Capitol Riot Charges, Affecting Hundreds Including Trump


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by Emmitt Barry, Worthy News Correspondent

(Worthy News) – The Supreme Court announced on Wednesday its decision to review an appeal that could potentially reverse the most severe charges imposed in the convictions of the January 6, 2021, Capitol riot defendants. This case holds significant implications for hundreds of individuals, including former President Donald Trump.

The Supreme Court justices have agreed to review the cases of three defendants involved in the January 6 incident – Joseph Fischer, Edward Jacob Lang, and Garrett Miller. Each of them faces charges of obstructing an official proceeding pertaining to the disruption of Congress’s certification of the 2020 election results during the riot.

Ex-police officer Joseph Fischer, who was present at the Capitol during the riot and subsequently charged for his involvement, has petitioned the Supreme Court to dismiss one of the multiple counts against him, which includes “obstruction of an official proceeding.”

The charge in question penalizes “corruptly” obstructing, impeding, or blocking an official government proceeding, with a maximum sentence of 20 years in prison. The Supreme Court justices will now evaluate whether Section 1512 (c)(2) of the United States Code, under which Fischer was charged, is the appropriate law to apply in his case and others like it.

Fischer contends that his presence inside the Capitol on January 6 was brief, yet he still faces multiple charges. These include assaulting a police officer, engaging in disorderly conduct inside the building, and obstructing congressional proceedings, among others.

In the case led by special counsel Jack Smith, former President Trump, who is a leading figure in the 2024 Republican presidential primary, faces the same charge as Fisher. He is accused of conspiring to undermine the 2020 election following his loss. Similar to the January 6 defendant, Trump is charged with conspiracy to obstruct an official proceeding.

In an October legal filing, the legal team for former President Donald Trump sought to dismiss the case, arguing that the statute in question was being inappropriately applied. They stated, “The indictment takes a statute directed at the destruction of records in accounting fraud and applies it to disputing the outcome of a Presidential election. This stretches the statutory language beyond any plausible mooring to its text.”

The charge of conspiracy to obstruct an official proceeding is the most severe penalty that prosecutors have utilized in the January 6 cases, and it has been applied to several high-profile individuals involved in the riot. This includes Enrique Tarrio and Stewart Rhodes, who are leaders of the Proud Boys and the Oath Keepers, respectively. Tarrio received a 22-year prison sentence in September, while Rhodes was sentenced to 18 years in May.

In the extensive federal prosecutions following the riot at the Capitol on January 6, 2021, the Justice Department has levied the obstruction charge against over 300 defendants.

If the Supreme Court ruled in favor of the defendants and overturned the obstruction charges, it could pave the way for hundreds of other January 6 defendants to appeal their convictions. This outcome might lead to significant reductions in their sentences, potentially reducing their time in prison by years.

The Supreme Court is anticipated to hear arguments regarding the obstruction charge in either March or April, with a decision expected to be issued by early summer.

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