Supreme Court hears debate over charges against Trump, Jan. 6 rioters
Newsy
Justices will consider whether the charge of obstruction of an official proceeding can be used against those who protested Joe Biden's election win.
The Supreme Court on Tuesday is taking up the first of two cases that could affect the criminal prosecution of former President Donald Trump for his efforts to overturn his election loss in 2020. Hundreds of charges stemming from the Capitol riot also are at stake.
The justices are hearing arguments over the charge of obstruction of an official proceeding. That charge, stemming from a law passed in the aftermath of the Enron financial scandal more than two decades ago, has been brought against 330 people, according to the Justice Department. The court will consider whether it can be used against those who disrupted Congress’ certification of Joe Biden’s 2020 presidential election victory over Trump.
The former president and presumptive nominee for the 2024 Republican nomination is facing two charges in the case brought by special counsel Jack Smith in Washington that could be knocked out with a favorable ruling from the nation's highest court. Next week, the justices will hear arguments over whether Trump has “absolute immunity” from prosecution in the case, a proposition that has so far been rejected by two lower courts.
The first former U.S. president under indictment, Trump is on trial on hush money charges in New York and also has been charged with election interference in Georgia and with mishandling classified documents in Florida.
In Tuesday's case, the court is hearing an appeal from Joseph Fischer, a former Pennsylvania police officer who has been indicted on seven counts, including obstruction, for his actions on Jan. 6, 2021, when a mob of Trump supporters stormed the Capitol in a bid to keep Biden, a Democrat, from taking the White House. Lawyers for Fischer argue that the charge doesn't cover his conduct.
