Supreme Court Takes J6 Case That Could Exonerate Trump

The Supreme Court agreed Wednesday to hear an appeal from a Jan. 6 U.S. Capitol protester that could impact other J6 cases, including the prosecution of former President Donald Trump.

The justices will hear an appeal by Joseph Fischer, a Jan. 6 defendant. He has asked the Supreme Court to dismiss a charge alleging he obstructed an official proceeding. The government accuses Fischer of obstructing the certification by Congress of the presidential election victory of Joe Biden in 2020. Fischer was among the protesters on Jan. 6, 2021.

The outcome of the case could determine the results of other cases similar to that of Fischer, such as Edward Lang and Garrett Miller, two Jan. 6 protesters who made similar appeals to the Supreme Court. Former President Donald Trump stands accused of the same crime of obstructing an official federal proceeding, so the high court ruling could apply to his case.

It will likely take months for the Supreme Court to hear oral arguments in the case. The court will then issue a final ruling at some point over the current nine-month term that ends in June. Meanwhile, Trump’s attorneys could use the high court’s involvement in the case to delay his election interference trial, which will begin in Mar. 2024.

The crux of the case involves the correct interpretation of the federal obstruction law prosecutors are using to charge and convict Jan. 6 protesters. The Justice Department has prosecuted over 300 people for obstruction under the federal law that carries a penalty of up to 20 years in prison. The former president has pleaded not guilty to the charge.

The law is part of the Sarbanes-Oxley Act, passed in 2002 after Enron destroyed a number of company files and records while under investigation for financial fraud. Tom Caso, Senior Legal Fellow at the Claremont Institute, recently told the Daily Wire that the Justice Department under Biden is applying the law to Jan. 6 protestors with an unprecedented interpretation.

‚ÄúIt‚Äôs kind of strange that the statute [has] only now been discovered,‚ÄĚ Caso said. ‚ÄúIt‚Äôs been on the books for quite some time. [ ‚Ķ ] It was part of the Dodd-Frank legislation [and] it‚Äôs never been applied in this particular manner before.‚ÄĚ