The U.S. Supreme Court will hear a significant case regarding a federal obstruction law that could impact many January 6 cases and the prosecution of former President Donald Trump.
The case involves the government’s use of a specific provision of the law to prosecute J6 defendants, which has not been applied in this manner before.
Over 300 J6 defendants have been charged using this law, with potential sentences of up to 20 years. (Trending: Joe Biden Impeachment Formalized As Republicans Unite)
If the Supreme Court rules in favor of the defendants, it could affect numerous cases and potentially delay Trump’s trial.
“The amazing thing is if you look at the way the government is portraying the statute, you kind of wonder why it hasn’t been applied before,” Senior Legal Fellow at the Claremont Institute Tom Caso said.
“I think about all of the antics of the protesters at Supreme court nomination approvals before Congress — you know, the Code Pink folks and whoever else stands up and shouts during that testimony.”
“Why have they never been prosecuted under this statute? They are obviously trying to impede an official proceeding.”
The outcome of the case is expected to have implications for Special Council Jack Smith’s prosecution of Trump before the 2024 election.
“It’s kind of strange that the statute is only now been discovered,” Caso added.
“It’s been on the books for quite some time. … It was part of the Dodd-Frank legislation [and] it’s never been applied in this particular manner before.”
The Court’s decision is not likely to be made until the end of June, and the potential impact on the prosecution will be in the hands of the district court judge.
“Since this statute is key to Jack Smith’s prosecution, and the Supreme Court ruling on this case is not likely to come out until the end of June, that could hold up the prosecution or the trial until after the Supreme court rules,” Caso said.
“That’s going to be in the hands of the district court judge.”
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