Supreme Court agrees to hear case that could aid Trump’s efforts to delay his trial

13 December 2023

On Wednesday, the Supreme Court of the United States (SCOTUS) agreed to hear the appeal of a January 6 defendant. The implications could impact former President Donald Trump's pending criminal trial.

SCOTUS granted several writs of certiorari Wednesday, in which it agrees to take up cases heard in federal appellate courts. The last writ granted on Wednesday was in the case of Fischer, Joseph W. v. United States, which involves a participant in the deadly US Capitol riot on January 6, 2021. The underlying question of the case was whether Fischer "corruptly" acted to obstruct official proceedings in attacking police officers guarding the US Capitol. One of the charges in Fischer's initial indictment was obstruction of an official proceeding, which NBC News reports is also one of the charges the former president is facing.

The US District Court ruled in favor of Fischer in the case, and the Department of Justice appealed. Following the DOJ's appeal, a US Court of Appeals panel overturned the lower court's decision and ruled Fischer did, in fact, act corruptly to disrupt proceedings. Now the question will go before SCOTUS, and its decision will almost certainly impact Trump's own case.

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"Fischer allegedly belonged to the mob that forced Congress to stop its certification process. On January 6, 2021, he encouraged rioters to 'charge' and 'hold the line,' had a 'physical encounter' with at least one law enforcement officer, and participated in pushing the police," US Circuit Judge Florence Pan wrote. "Before January 6, he allegedly sent text messages to acquaintances, stating: 'If Trump don’t get in we better get to war'; 'Take democratic [C]ongress to the gallows. . . . Can’t vote if they can’t breathe . . . lol'; and 'I might need you to post my bail. . . . It might get violent. . . . They should storm the capital [sic] and drag all the democrates [sic] into the street and have a mob trial.'"

In describing SCOTUS' decision to take up the Fischer case, Politico legal correspondent Kyle Cheney tweeted that the heart of the case "is whether those who breached the Capitol 'corruptly' obstructed Congress' proceedings on Jan. 6 — and how to define 'corruptly.' Depending on how SCOTUS rules, Cheney wrote that the Court "could derail hundreds of Jan. 6 felony prosecutions — and could also deal a blow to special counsel Jack Smith’s prosecution of former President Donald Trump."

The obstruction of an official proceeding charge carries a maximum federal prison sentence of 20 years. Smith has also charged Trump with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding and conspiracy against rights.

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