The U.S. Supreme Court is reviewing two cases that could impact the prosecution of former President Donald Trump and hundreds of charges from the Capitol riot. The court is considering the validity of an obstruction charge, used against 330 people who disrupted Congress’ certification of the 2020 presidential election.
Trump, facing two charges in a case by special counsel Jack Smith, could benefit from a favorable ruling. The court will also consider whether Trump has “absolute immunity” from prosecution, a claim rejected by lower courts.
The court is hearing an appeal from Joseph Fischer, indicted on seven counts, including obstruction, for his actions during the Capitol riot. The obstruction charge, carrying up to 20 years in prison, is widely used in the federal prosecution following the insurrection.
The case focuses on whether the anti-obstruction provision of a 2002 law can be used against Jan. 6 defendants. Fischer’s lawyers argue the provision was intended to discourage record destruction in response to an investigation. The administration argues the law serves as a catchall offense covering all forms of corrupt obstruction of an official proceeding.
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