Former federal prosecutor Andy McCarthy emphasized the significance of the Supreme Court’s review of felony “obstruction of an official proceeding” statutes, warning that it could impact the indictment against former President Donald Trump related to the January 6 events.
The case Fischer v. United States focuses on the obstruction count under 18 USC Section 1512(c)(2), with implications for many January 6 protesters facing lengthy prison terms.
“The D.C. Circuit’s expansion of Section 1512(c)(2) beyond evidence impairment to protests at the seat of government thus conflicts with the interpretations of other courts of appeal limiting the scope of the same statute,” attorneys wrote.
The Supreme Court’s ruling could affect the prosecution strategy against Trump and the interpretation of the statute, potentially leading to a significant impact on the indictment by Jack Smith.
“The case to keep your eye on is the obstruction case,” McCarthy said.
“We miss it because Trump is not a party to that case. They are looking at the same statute that is key to Smith’s prosecution of Trump in Washington, and if they — as I expect they may, if they — if they say the Justice Department has not been correctly applying that statute, that’s going to have a catastrophic impact for Smith on his indictment,” he added.
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