The Supreme Court issued a statement on Wednesday that could result in a decisive victory for Donald Trump.
The case of Fischer v. United States will be heard by the court to determine whether the Justice Department’s use of a felony charge against the former president and hundreds of individuals involved in the Jan. 6 riot, who allegedly attempted to disrupt an official proceeding, is justified given the events that transpired on that day.
NBC News has more:
The justices will hear a case brought by defendant Joseph Fischer, who is seeking to dismiss a charge accusing him of obstructing an official proceeding, namely the certification by Congress of President Joe Biden’s election victory, which was disrupted by a mob of Trump supporters.
Two other Jan. 6 defendants, Edward Lang and Garret Miller, brought similar appeals, the outcome of which will be dictated by the Supreme Court’s ruling in Fischer’s case.
Fritz Ulrich, a federal public defender representing Fischer, said he was pleased that the court will clarify the scope of the law in question but had no further comment.
Critics argue federal prosecutors distorted the obstruction law (18 U.S. Code § 1512) to increase Jan. 6 sentencing guidelines.
The case could have a significant impact on the sentencing of 300 individuals who participated in the storming of the Capitol Building, as well as Trump – who faces the same charge in his federal election interference case.
Trump’s lawyers could use the Supreme Court’s involvement as one opportunity to delay his election interference trial, which is scheduled to start in March.
If Trump wins the presidential election, he could dismiss the charges brought by Special Counsel Jack Smith. If the trial continues on schedule, he could be convicted and sentenced before Election Day.
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