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Supreme Court To Delay Capitol Riot Case

via VICE News
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The U.S. Supreme Court has delayed hearing a case related to the January 2021 Capitol riot to consider a charge of obstructing an official proceeding.

The decision could impact various cases, including that of former President Donald Trump.

The appeal in question, Fischer v. United States, has the potential to affect numerous Capitol riot cases and Trump’s trial. (Trending: Bud Light Gets Bad News Ahead of Christmas)

Legal experts suggest the Supreme Court’s decision may lead to a delay in Trump’s trial date, as the outcome could impact the validity of obstruction counts against him.

“Over govt opposition, Judge Mehta puts off Oath Keeper Tom Caldwell’s long-postponed sentencing yet again—this time because SCOTUS reviewed ‘obstruction of an official proceeding’ felony. …,” Roger Parloff of LawFare wrote.

“Govt may also come to rue this paragraph from its opposition papers, admitting that sentencings of Caldwell’s codefendant Oath Keepers were ‘heavily influenced’ by their convictions of the same offense (18 USC 1512c2) now under review by SCOTUS,” he added.

“A ruling against the government in the Fischer case in the Supreme Court could well have a ripple effect in many other Capitol riot cases where the defendants were charged with the same obstruction of justice provision, went to trial [as opposed to pleading guilty], and were convicted,” former federal prosecutor Michael McAuliffe said.

“A Supreme Court decision culling the obstruction of justice statute could also impact the criminal case against Donald Trump in the US district court in DC, but it’s less clear when and how at this juncture,” he added.

“Even though he has two other counts in the indictment, convictions on the obstruction counts could jeopardize the whole case on appeal if a court were later to find that the jury may have relied on evidence of the obstruction in reaching its decision,” former U.S. Attorney Barbara McQuade.

“Other options are to drop the obstruction counts now and proceed on the other two counts, or take his chances with all four counts and move forward.”

“Both the judge and the parties will likely want to see what the Supreme Court has to say before going to trial, or at the very least before instructing the jury,” legal commentator Randall Eliason said.

The delay could extend the trial into mid-May or even July, potentially influencing the 2024 election.

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