This is good news – I think:
The Supreme Court agreed to hear a case about an obstruction law that over 300 January 6 defendants have been charged with by the DOJ.
The case is Fischer v. U.S. The statute is 18 U.S. Code 1512(c)(2):
“Whoever corruptly…otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.”
The law came into effect due to the 2002 Enron scandal.
It was never meant to apply to anything like J6, and no attempt had previously been made to apply it to a demonstration. But prosecutors took it out, dusted it off, and made it oh-so-useful. The SCOTUS ruling will not only impact many of the J6 defendants, but president Trump himself. The law is, among other things, confusing for vagueness and much too general.
More here [emphasis mine]:
Defense attorneys say the government is using the power of law enforcement to misinterpret, and even weaponize, nebulous language in the legal code.
In three separate motions filed on Oct. 23, Trump’s lawyers repeatedly raised objections based on the “vagueness” factor of the four counts in Special Counsel Jack Smith’s Jan. 6 criminal indictment against Trump. Those four charges are: conspiracy to defraud the United States, conspiracy to obstruct, conspiracy against rights, and obstruction of an official proceeding. …
[Among the J6 defendants] Jacob Chansley, the so-called “QAnon Shaman,” was the first protester charged for obstruction of an official proceeding, on Jan. 11, 2021.
Some of the accused never entered the Capitol or went inside after Congress recessed. Enrique Tarrio, leader of the Proud Boys, was in a Baltimore hotel on Jan. 6 following court orders to stay out of the nation’s capital. Trump himself never set foot on Capitol Hill that day.
The same cannot be said for Thomas Robertson, a Virginia police sergeant at the time. (He was immediately fired from his job.) The government indicted Robertson, a former Army Ranger with no criminal record, on six federal crimes including 1512(c)(2). Despite Robertson’s facing no charge related to assaulting a police officer or vandalizing property – and being inside the building for roughly 20 minutes – U.S. District Court Judge Christopher Cooper revoked Robertson’s bond in July 2021.
Before his April 2022 trial, Robertson filed a motion to dismiss the charge related to 1512(c)(2). Robertson argued, as others have in similar dismissal motions, that Congress’ work on Jan. 6 was outside the fundamental scope of the law. “The electoral count is a ceremonial and administrative event that is not an ‘official proceeding’ contemplated in §1512; it is not an adjudicative proceeding involving witness testimony and evidence,” his lawyer wrote.
These J6 obstruction cases are examples of what one might call the Beria approach to prosecution: “Show me the man and I’ll show you the crime.” I’d like to believe that SCOTUS will do the right thing and rule that the law is being misapplied here, and is so vague as to make it possible to charge people for almost any protest. And I tend to think that’s the way it will go, although it’s impossible to tell and we’ve been disappointed by the Court many many times.
SCOTUS may also rule on an issue connected with another Trump case:
U.S. District Judge Tanya Chutkan paused almost all proceedings concerning former President Donald Trump’s election interference case in D.C. as the courts above her decide on his claim that he has presidential immunity.
… Special Counsel Jack Smith asked the Supreme Court to weigh in on Trump’s claim of presidential immunity.
This one only affects Trump’s case, of course, rather than the J6 defendants. And at the very least, it will probably delay the Jack Smith court case.