The Supreme Court is currently considering whether federal prosecutors went too far in bringing obstruction charges against participants in the Capitol riot, a case that could have significant implications for former President Donald Trump as well.
In a recent hearing, the court heard arguments in the case of Joseph Fischer, a former police officer indicted for his role in disrupting Congress’ certification of President Biden’s victory. The court also discussed Trump’s obstruction charges related to the 2020 election, considering whether he has “absolute immunity” from prosecution.
Justices expressed differing opinions on the obstruction charge, with some expressing concerns about its broad application. The law in question, passed in response to the Enron scandal, was designed to address document destruction, but lawyers argue that it was meant to discourage evidence tampering rather than prosecute other offenses.
The obstruction charge is a key felony in the federal prosecution of Jan. 6 rioters, carrying a maximum prison term of 20 years. Roughly 170 defendants have been convicted of obstructing the joint session of Congress on Jan. 6, with some being granted early release pending the Supreme Court’s ruling.
Lower court judges have had differing opinions on the application of the obstruction charge in these cases, highlighting the complexity of the issue. More than 1,350 individuals have been charged with Capitol riot-related federal crimes, with a decision from the Supreme Court expected by late June that could affect Trump and other defendants. Stay tuned to Poh Diaries for updates on this developing story.