Hundreds of Criminal Charges and Convictions Potentially Affected
Former President Trump’s Charges Also in Question
WASHINGTON — The Supreme Court has raised concerns about the validity of numerous criminal charges and convictions related to the Jan. 6 mob attack on the U.S. Capitol. This includes one of the charges pending against former President Trump. Many defendants who took part in the Capitol breach were charged under a law that criminalizes corruptly obstructing an official proceeding.
Law’s Scope Questioned
Prosecutors argued that the mob aimed to impede Congress from certifying President Biden’s election victory. However, the provision used to bring charges was initially created in 2002 after the Enron scandal and specifically referred to the destruction of documents or records. Lawyers for one of the Jan. 6 defendants, Joseph Fischer, a former Pennsylvania police officer, contended that their client did not violate the law as he did not intend to destroy any documents or evidence. Fischer, who claims he entered the Capitol late and was inside for only four minutes, has not yet gone to trial. Nevertheless, the Supreme Court has agreed to hear his legal appeal, challenging the applicability of the obstruction law to his case.
Trump’s Indictment and Fast-Track Ruling
Former President Trump has also been indicted under the same 2002 law, alongside other charges related to the Jan. 6 attack. Additionally, the Supreme Court is considering a fast-track ruling on Trump’s claim of presidential immunity from criminal charges for his actions while in office. This marks the second time this week that the Court has addressed legal claims related to the ongoing case against Trump stemming from the Capitol attack.
Potential Implications and Timing
The potential impact of this new case on the broader Jan. 6 prosecutions remains uncertain. If the Supreme Court hears the case in the spring, a ruling is not expected until June. It is possible that the justices may prefer to expedite their decision on the legal questions surrounding the Jan. 6 prosecutions rather than waiting for more cases to be decided and appealed.
Previous Dismissal and Appeals
Earlier, there were doubts about whether the law against obstructing a proceeding could be applied broadly to the Jan. 6 defendants. A federal judge in Washington had dismissed charges based on this interpretation. However, the U.S. Court of Appeals later ruled by a 2-1 vote that the charges could proceed.