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 December 18, 2023

Supreme Court to hear J6 case, possibly impacting Trump case

The United States Supreme Court chose to take up a case Wednesday regarding the Jan. 6, 2021 Capitol Hill riot and whether he can be charged with obstructing an official proceeding.

The man is one of around 325 accused and facing the charge for their attendance on Jan. 6 and subsequent activities. The now infamous event has also resulted in charges for former President Donald Trump, as Reuters reported.

The justices did not address whether their decision would have any bearing on the Trump prosecution, tho some are concerned that the Jan. 6 cases being connected could cause a judgement for one to implicate judgement for all.

There are four separate criminal charges that are currently being pursued against Trump, who is the leading candidate for the Republican nominee to confront Biden in 2024.

On the other hand, the Washington case that was brought up by the United States Special Counsel Jack Smith is slated to go first and is considered to be the most likely to be concluded before the election on November 5th.

The case that was brought before the courts on Wednesday involves the defendant Joseph Fischer, who was indicted on seven charges in the aftermath of the unrest that occurred on January 6.

One of the counts against him is a count under a clause of federal criminal law that applies to anyone who "corruptly... obstructs, influences, and impedes any official proceeding."

Within the next several months, the Supreme Court is anticipated to hear arguments in the case, and it is anticipated that a decision will be issued by the end of June.

It was not immediately clear how the action taken by the Supreme Court on Wednesday may affect the case that Trump is currently facing. Despite being asked for comment, his attorney did not immediately react to the inquiry.

According to Barbara McQuade, a law professor at the University of Michigan and a former top federal prosecutor nominated by then-President Barack Obama, the Supreme Court's agreement to review an issue in one case would not typically constitute a basis for delaying a different case that raises the same issue under normal circumstances.

In spite of this, McQuade stated that she anticipates the argument to be presented by Trump's legal team because she believes that delay "has been his strategy throughout all of these cases."

Fischer's pretrial request to dismiss his obstruction charges was granted by U.S. District Judge Carl Nichols, who was appointed by Trump.

Nichols ruled that the legislation only applied in circumstances where a defendant had done "some action with respect to a document, record, or other object." Fischer's motion was granted.

The United States Court of Appeals for the District of Columbia Circuit was the recipient of an appeal from federal prosecutors about that ruling. In April, a panel of three judges comprising the District of Columbia Circuit Court of Appeals overturned the decision made by Nichols. The bench stated that the act did not restrict itself to documents and records, but rather "applies to all forms of corrupt obstruction of an official proceeding."

Written By:
Charlotte Tyler

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