On Wednesday, the U.S. Supreme Court revealed its decision to review charges against President Trump and several J6 protestors for obstruction of an official proceeding — a charge that prosecutors have effectively used to persecute numerous individuals.
The high court’s review will examine an appellate court’s decision concerning three protestors accused of obstructing the certification of Electoral College votes by Congress, as reported by the AP. The Biden Justice Department’s special counsel, Jack Smith, has lodged four comparable charges against President Trump, alleging that his social media posts encouraged riots and incited protests against the certification of Joe Biden as the winner of the 2020 presidential election.
The federal law under scrutiny, known as 1512(c)(2), has been applied in cases against over 300 J6 protestors and comprises half of Smith’s case against President Trump.
HOLY SH*T: Supreme Court will review 1512(c)(2), obstruction of an official proceeding case.
— Julie Kelly 🇺🇸 (@julie_kelly2) December 13, 2023
This is felony used against 300+ J6ers and represents half of Jack Smith’s indictment against Trump.
If SCOTUS determines DOJ has misused the statute…will be a game changer.
My…
The court’s decision could significantly impact the scheduled start date of President Trump’s trial on March 4th, 2021, which had already faced uncertainty following the court’s earlier announcement that it would review Trump’s claim of immunity from prosecution — a claim dismissed by a lower court.
Another federal court had also ruled that the obstruction argument against the three J6 protestors did not apply to their actions, prompting the Supreme Court to take on the case. U.S. District Judge Carl Nichols determined that prosecutors had extended the law beyond its intended scope to support their argument, stating that an individual charged with obstruction must engage in actions related to a document, record, or other object.
MASSIVE news out of the Supreme Court this morning.
— Will Scharf (@willscharf) December 13, 2023
The Court will hear Fischer v. United States, a January 6 case challenging the scope of section 1512(c)(2), which criminalizes obstruction of an official proceeding. Two of the four charges President Trump faces in his DC case… pic.twitter.com/8R8GmudItA
More than 1,200 individuals have faced prosecution related to J6, with over 650 defendants pleading guilty. The Justice Department’s endless procession of cases has stirred controversy in Washington, where Republicans have demanded more humane treatment for the political prisoners who are subjected to deplorable conditions while awaiting trial. Congress members like Rep. Marjorie Taylor Greene (R-GA) have coordinated visits alongside other GOP leaders to provide support to J6 prisoners.
Rep. Clay Higgins (R-LA) has highlighted the FBI’s involvement during the riots, claiming that the federal government intentionally contributed to the violence on J6. Allegations surfaced regarding Ray Epps, a protestor known for advocating violence and escaping prosecution for years, being an FBI informant — a claim dirty Bureau Director Christopher Wray repeatedly during a Congressional hearing.
Earlier this year, Epps was finally charged with ONE misdemeanor after he was caught on video urging Trump supporters to enter the US capitol on January 6th.
