- The Supreme Court will likely hear arguments in March or April
- Joseph Fischer has appealed the court's decision to reinstate the obstruction charge
- The Supreme Court's decision could impact the case against Donald Trump
The Supreme Court said Wednesday it would hear an appeal that could upend hundreds of cases arising from the Jan. 6 riot, including Donald Trump's election fraud trial.
The court has announced that it will decide whether or not a suspect can be charged with obstructing an official proceeding.
That's one of four charges the former president faces in special counsel Jack Smith's federal case.
But the announcement could put a wrinkle in prosecutors' plan to start Trump's trial on March 4.
The justices are expected to hear oral arguments in March or April, with a decision by early summer.
The Supreme Court said Wednesday it would hear an appeal that could overturn hundreds of cases stemming from the Jan. 6 riot, including the election fraud trial of Donald Trump.
Trump faces four charges brought by the special counsel: conspiracy to obstruct an official proceeding; obstruction or attempted obstruction of an official proceeding; conspiracy to defraud the United States; and conspiracy to deprive citizens of their right to vote
At least 152 people have been convicted of obstructing an official proceeding, a crime punishable by up to 20 years in prison, according to the Associated Press.
In total, charges have been filed against more than 300 people accused of trying to prevent Congress from certifying Joe Biden's 2020 election victory.
The case was brought by former Boston police officer Joseph Fischer, who was indicted after the sixth riot on seven counts, including one count of anyone “corruptly … obstructing, influencing and impeding any official proceeding.”
A lower court dismissed the charge after Fischer's lawyers argued that he had not attempted to interfere with documents or records.
Federal prosecutors appealed and a three-judge panel in the D.C. Circuit reinstated the charges.
Now the nation's highest court will have its say.
Trump faces four charges brought by the special counsel: conspiracy to obstruct an official proceeding; obstruction or attempted obstruction of an official proceeding; conspiracy to defraud the United States; and conspiracy to deprive citizens of their right to vote.
Trump has pleaded not guilty to these charges, as well as dozens of other charges stemming from three other criminal charges.
Meanwhile, his lawyers told a federal appeals court on Wednesday not to rush into whether the former president is immune from prosecution.
The Supreme Court said Wednesday it would hear the case of Fischer v. United States
More than 1,200 people have been charged with federal crimes stemming from the January 6 riots, and more than 700 defendants have pleaded guilty.
His legal team accused Smith of trying to wrap up the 2020 election case as quickly as possible before next year's presidential election.
“The prosecution has one goal in this case: to unlawfully attempt to try, convict, and convict President Trump before the election in which he is likely to defeat President Biden,” attorneys wrote.
“This represents a blatant attempt to interfere in the 2024 presidential election and disenfranchise the tens of millions of voters who support President Trump's candidacy.”
They want to argue that Trump is immune from prosecution for actions he took as president, and have filed an appeal after the judge rejected their position.
Smith is trying to speed things up by taking the question to the Supreme Court and asking the justices to consider it during the current term.