The US Supreme Court announced on Wednesday (Dec 13) that it will hear an appeal related to the Jan. 6, 2021, assault on the U.S. Capitol. The case involves Joseph Fischer, charged with obstructing the certification of President Joe Biden’s election victory during the Capitol riot.
What does it mean?
The outcome of the appeal may act as precedent for the criminal prosecution of former President Donald Trump, who faces similar charges.
What has happened so far in the case?
Fischer, along with defendants Edward Lang and Garret Miller, has appealed charges related to obstructing an official proceeding disrupted by a mob of Trump supporters. The Supreme Court’s decision in Fischer’s case will set a precedent for the appeals brought by Lang and Miller, and thus will influence Trump’s federal election interference case.
While the US District Judge Carl Nichols initially dismissed charges against the Jan. 6 defendants, the U.S. Court of Appeals for the District of Columbia Circuit ruled in favor of the government in April, setting the stage for Supreme Court intervention.
Potential implications for Trump’s election interference trial
Trump’s legal team may use this involvement as an opportunity to seek delays in his scheduled election interference trial, currently set for March.
The potential delay could work to Trump’s advantage, considering his position as the frontrunner for the Republican presidential nomination.
If the trial proceeds as scheduled and results in a conviction, Trump could face sentencing before the November election.
What are the arguments of Team Trump?
Trump’s legal team contends that the provision’s application raises separate issues, given Trump’s non-participation in the Capitol attack.
Charges against Joseph Fischer
Fischer, identified as a former police officer, is alleged to have had a physical encounter with another officer during the Capitol attack.
The government claims he urged rioters to “charge” and “hold the line,” while Fischer’s lawyers argue he entered the Capitol after Congress recessed and was inside for only four minutes.
Also watch | US: Donald Trump disqualification trial opens, debarment pivoted on US Capitol riots | WION DNA
With a 6-3 conservative majority, the Supreme Court’s decision in this case may further define the scope of criminal statutes, NBC News reported.
