The Supreme Court on Wednesday agreed to hear a lawsuit involving the Biden Justice Department’s 1512(c)(2) charges used against January 6 defendants
The high court’s decision on the unconstitutional DOJ charges used against J6rs may impact Special Counsel Jack Smith’s case against Trump.
SCOTUS will hear Fischer vs. United States, the lawsuit questioning the unconstitutional 1512(c)(2) charges used by the Biden Department of Justice to abuse and punish January 6 protesters who came to Washington DC to protest the stolen 2020 election.
The case involves three J6 defendants: Jake Lang, who we have reported on extensively here at The Gateway Pundit, Garret Miller, who pleaded guilty to 11 other criminal charges and was sentenced in February, and Joseph Fischer, who, like Lang, continues to await trial.
“The Court will hear Fischer v. United States, a January 6 case challenging the scope of section 1512(c)(2), which criminalizes obstruction of an official proceeding. Two of the four charges President Trump faces in his DC case involve 1512(c)(2),” former federal prosecutor Will Scharf said.
“That section, first passed as part of Sarbanes-Oxley in 2004, has typically been used to prosecute destruction of evidence or similar conduct. Its applicability to alleged obstruction of the electoral count process has been hotly contested since the start of the January 6 prosecutions, and the DC Circuit split sharply on the issue,” he said.
“This is a huge deal, with potentially major ramifications for many January 6 defendants as well as for President Trump,” Scharf added.
MASSIVE news out of the Supreme Court this morning.
The Court will hear Fischer v. United States, a January 6 case challenging the scope of section 1512(c)(2), which criminalizes obstruction of an official proceeding. Two of the four charges President Trump faces in his DC case… pic.twitter.com/8R8GmudItA
— Will Scharf (@willscharf) December 13, 2023
In September Trump was hit with 4 counts in Jack Smith’s January 6 case up in DC: Conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.
According to the indictment reviewed by The Gateway Pundit, counts 2 and 3 are tied to the “conspiracy to obstruct an official proceeding” charges being reviewed by the US Supreme Court.
Two of Jack Smith’s charges against Trump are now in jeopardy.
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