US Supreme Court tackles rioter's obstruction case, with Trump
implications
Send a link to a friend
[April 16, 2024]
By John Kruzel and Andrew Chung
WASHINGTON (Reuters) - The U.S. Supreme Court on Tuesday considers a
Pennsylvania man's bid to avoid an obstruction charge related to the
Jan. 6, 2021, attack on the Capitol - a case with possible implications
for the federal prosecution of Donald Trump for his efforts to overturn
his 2020 election loss.
The justices are set to hear arguments in Joseph Fischer's appeal of a
lower court's ruling rejecting his attempt to escape a federal charge of
corruptly obstructing an official proceeding - the congressional
certification of President Joe Biden's victory over Trump that the
rioters sought to prevent. The arguments are set for 10 a.m. ET (1400
GMT).
Trump faces the same charge in a criminal case brought against him last
year by Special Counsel Jack Smith.
Fischer's lawyers have argued for a narrow application of the
obstruction charge - only against defendants who tampered with evidence.
A Supreme Court ruling dismissing the charge against Fischer could make
it more complicated - but not impossible - to make the charge stick
against Trump, according to experts.
The charge carries a sentence of up to 20 years in prison, though Jan. 6
defendants convicted of obstruction have received far lesser sentences.
Federal prosecutors have brought obstruction charges against about 350
of the roughly 1,400 people charged in the Capitol attack.
The Supreme Court next week confronts another major case involving
Trump, the Republican candidate challenging the Democratic president in
the Nov. 5 U.S. election in a 2020 rematch. The justices will hear
arguments on April 25 in Trump's assertion of presidential immunity from
prosecution in the election subversion case brought against him by
Smith.
Fischer is awaiting trial on six other criminal counts, including
assaulting or impeding officers and civil disorder, while he challenges
his obstruction charge at the Supreme Court.
According to prosecutors, Fischer charged at police officers guarding a
Capitol entrance during the attack. Fischer, at the time a member of the
North Cornwall Township police in Pennsylvania, got inside and pressed
up against an officer's riot shield as police attempted to clear
rioters. He remained in the building for four minutes before police
pushed him out.
[to top of second column]
|
Pro-Trump protesters storm into the U.S. Capitol during clashes with
police, during a rally to contest the certification of the 2020 U.S.
presidential election results by the U.S. Congress, in Washington,
U.S, January 6, 2021. REUTERS/Shannon Stapleton/File Photo
U.S. District Judge Carl Nichols, a Trump appointee, dismissed
Fischer's obstruction charge, ruling that it applies only to
defendants who tampered with evidence. The U.S. Court of Appeals for
the District of Columbia Circuit reversed that decision, finding
that the law under which the charge was brought was not limited to
documents and records, instead applying "to all forms of corrupt
obstruction of an official proceeding."
After the 2020 election, Trump and his allies made false claims that
it had been stolen from him through widespread voting fraud. On the
day when Congress met to certify Biden's victory, Trump supporters
stormed the Capitol, broke through barricades, attacked police
officers, vandalized the building and forced lawmakers and others to
flee for safety.
In August 2023, Smith brought four federal criminal counts against
Trump: conspiring to defraud the United States, corruptly
obstructing an official proceeding and conspiring to do so, and
conspiring against the right of Americans to vote. Smith has
separately charged Trump in a case involving the retention of
classified documents after leaving office.
Trump faces two other criminal cases as well. He has pleaded not
guilty in all the case and called them politically motivated.
(Reporting by John Kruzel and Andrew Chung; Editing by Will Dunham)
[© 2024 Thomson Reuters. All rights reserved.]This material
may not be published, broadcast, rewritten or redistributed.
Thompson Reuters is solely responsible for this content. |