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Supreme Court agrees to take J6 appeal that could upend part of Smith's charges against Trump.

Perdy

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Jul 25, 2015
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The US Supreme Court added a new complication to the prosecution of Donald Trump for trying to overturn the 2020 presidential election, as the justices agreed to hear an appeal from a Jan. 6 Capitol riot defendant facing a related charge.

The justices said Wednesday they will decide whether Joseph Fischer can be charged under a 2002 law that grew out of the Enron Corp. collapse for obstructing an official proceeding. Prosecutors have also invoked that law against Trump, as well as in 300 other Capitol riot cases.

Supreme Court involvement could give Trump new grounds for arguing to push back his March 4 federal court trial in Washington until after the 2024 presidential election. Trump is currently the frontrunner for the Republican nomination.

Ultimately, a ruling favoring Fischer could upend two of the four counts Trump is facing in the case, one of four criminal prosecutions against him. Under its normal scheduling procedures, the Supreme Court will hear arguments next year and rule by the end of June.

The Supreme Court’s decision to accept the case suggests that at least four justices believe there is a legitimate argument that the obstruction statute does not apply to interfering with the joint session of Congress, according to former federal prosecutor Barbara McQuade.

 
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