The U.S. Supreme Court will be hearing a case that could have a huge impact on January 6th defendants, Donald Trump, Jack Smith and the 2024 presidential election:
Two days after Special Counsel Jack Smith asked the justices to decide quickly whether former President Donald Trump can face criminal charges for conspiring to overturn the results of the 2020 elections, the Supreme Court agreed to hear a case that could affect the charges against Trump even if the court ultimately rules that he is not immune from prosecution. The justices on Wednesday agreed to weigh in on the use of a federal law – also at issue in Trump’s case – that makes it a crime to “corruptly” obstruct congressional inquiries and investigations to prosecute participants in the Jan. 6 attacks on the U.S. Capitol.
"Corruptly" obstructing congressional business doesn't appear to be a severe crime if you're a Democrat who pulled a fire alarm to stop a House vote, but we digress.
SCOTUS will hear Fischer v. United States:
Julie Kelly has been following and reporting on the DOJ and January 6th defendants for a long time now, and here's her take on the above news:
Here's that whole post:
This is a day so many J6ers have been waiting for. Lives destroyed, people rotting in prison. All bc Biden’s DOJ abused a post-Enron evidence tampering statute. And what will Jack Smith do now? 2 of 4 counts in his indictment in jeopardy. This is potentially more impactful than immunity issue. Will he drop the 1512c2-related counts? Will he seek a superseding indictment with other charges? Trump’s lawyers presumably will file a motion to dismiss those counts. Never a boring day!
More:
It sounds as if special counsel Jack Smith might have stepped on his own foot here:
The full previous post:
As I reported several days ago as we awaited SCOTUS decision on 1512c2—this represents a collision course with Jack Smith.
SCOTUS likely will hear oral arguments in March or April—the same time Trump is on trial for same charge. (If March 4 trial date sticks which seems impossible now)
But let’s say it sticks. And Trump is convicted by DC jury.
Then SCOTUS comes down with decision in June that reverses how DOJ (and Smith) interpreted 1512c2.
The same month Judge Chutkan would be prepared to sentence Trump.
Bonkers.
Bonkers indeed.
One final thing:
Stay tuned.
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