Supreme Court Will Hear Jan. 6 Appeal That Could Affect Trump Prosecution

Evelyn Hockstein/Reuters
Evelyn Hockstein/Reuters
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The Supreme Court on Wednesday agreed to hear an appeal from a man charged in relation to the Jan. 6 Capitol riot, a case that could have significant implications for the prosecution of Donald Trump. Joseph Fischer is seeking to have a charge dismissed that accuses him of obstructing an official proceeding—the “proceeding” being Congress’ certification of President Joe Biden’s election victory. Fischer and other defendants have argued that the crime, which was created in the wake of the Enron scandal, should never have been applied to alleged participants of a riot. Trump has also been charged with conspiracy to obstruct an official proceeding, meaning that the high court’s decision to consider the charge could threaten the scheduled March 4 start date of his trial. More than 300 defendants in total have been hit with the obstruction charge as part of the sprawling federal prosecution following the Jan. 6 riot.

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