The Supreme Court of the United States (SCOTUS) is set to hear a case involving three defendants accused of obstruction of an official proceeding during the January 6, 2021 riots in Washington DC, a charge that has also been levied against former President Donald J. Trump.
The SCOTUS justices will examine the federal obstruction law and whether or not it can be used to prosecute some of those who took part in the January 6th riots at the U.S. Capitol building, according to the Associated Press.
Defendant Joseph Fischer brought the case to SCOTUS and is asking for the court to dismiss the charges of obstructing an official proceeding. Two others, Edward Lang and Garret Miller, are involved in similar appeals that will be decided by the SCOTUS ruling.
The ruling could also impact others involved in the events of January 6th, including President Trump, as the U.S. Justice Department has used the provision as a cornerstone for the prosecution of hundreds of criminal cases relating to January 6th.
Prosecutors have previously argued that video footage of Fischer, a former police officer, yelling “charge” during the riots was proof of his intent to try and disrupt the certification of the 2020 presidential election that was taking place in the capitol at the time of the riot.
A U.S. district judge initially dismissed the charges from the three January 6th defendants, stating that the defendants needed to have done something more direct to obstruct the proceedings.
In April, however, the U.S. Court of Appeals for the District of Columbia Circuit argued in a 2 to 1 vote that the law could be applied to Fischer and others, claiming the previous judge had been too limited in his interpretation of the law.
Judge Florence Pan of the U.S. Court of Appeals for the District of Columbia Circuit wrote in the majority opinion, “The broad interpretation of the statute—encompassing all forms of obstructive acts—is unambiguous and natural.”
The Justice Department has spoken out about the Supreme Court case, noting that none of the January 6th defendants have yet to go to trial for obstruction of an official proceeding.
So far, over 1,200 people have been charged in connection with the January 6th riots and 650 have pleaded guilty to various crimes.
Former President Donald J. Trump has also been charged with obstruction of an official proceeding as part of one of the four criminal cases initiated against him by Justice Department Special Counsel Jack Smith, along with two other cases against the former president, in New York and Georgia.
SCOTUS is expected to begin looking at the Fischer case in March and could issue a ruling by June when the court’s nine-month term comes to an end.
President Trump is also set to see his own appeal before the Supreme Court regarding his possible immunity from prosecution for election obstruction.
Special Counsel Jack Smith has requested the court fast-track the case as the appeals process could delay the trial against Trump, which the Justice Department intends to push to begin in March of next year.
While SCOTUS currently has six conservative-leaning judges to three progressives, it remains unclear what the court will decide in either case. Senate Democrats have called on Justice Clarence Thomas, one of the most conservative on the court, to recuse himself in Trump’s own case.
The call stems from a text message from Thomas’ wife Ginni Thomas in which she expressed the opinion that the 2020 election had been stolen in a message to former Trump chief of staff Mark Meadows.
Senate Judiciary Committee Chair Dick Durbin, a Democrat senator from Illinois, commented:
There are so many unanswered questions about the relationship of the justice and his family with the Trump administration that I think in the interests of justice, he should recuse himself.
Hawaii Democrat Senator Mazie Hirono added:
I think Justice Thomas should have recused himself from some of the other cases that came before him where his wife was very much involved. The fact he didn’t really raises concerns for whether they have a recusal practice that makes any kind of sense.
Both Trump’s case and Fischer’s are set to take place during the Republican primary election early next year in which states gather to choose the Republican presidential candidate. Despite the four sets of charges, former President Trump commands a huge lead, with over 60% of Republican voters supporting him as the 2024 nominee.
