The U.S. Supreme Court will be hearing a case that could have a huge impact on January 6th defendants, Donald Trump, Jack Smith and the 2024 presidential election:
Two days after Special Counsel Jack Smith asked the justices to decide quickly whether former President Donald Trump can face criminal charges for conspiring to overturn the results of the 2020 elections, the Supreme Court agreed to hear a case that could affect the charges against Trump even if the court ultimately rules that he is not immune from prosecution. The justices on Wednesday agreed to weigh in on the use of a federal law – also at issue in Trump’s case – that makes it a crime to “corruptly” obstruct congressional inquiries and investigations to prosecute participants in the Jan. 6 attacks on the U.S. Capitol.
"Corruptly" obstructing congressional business doesn't appear to be a severe crime if you're a Democrat who pulled a fire alarm to stop a House vote, but we digress.
SCOTUS will hear Fischer v. United States:
BREAKING: Supreme Court will hear case on Jan. 6 obstruction charges, taking up appeal of Fischer v. United States pic.twitter.com/nsWx8xqTKu
— Kyle Cheney (@kyledcheney) December 13, 2023
Julie Kelly has been following and reporting on the DOJ and January 6th defendants for a long time now, and here's her take on the above news:
HOLY SH*T: Supreme Court will review 1512(c)(2), obstruction of an official proceeding case.
— Julie Kelly 🇺🇸 (@julie_kelly2) December 13, 2023
This is felony used against 300+ J6ers and represents half of Jack Smith's indictment against Trump.
If SCOTUS determines DOJ has misused the statute...will be a game changer.
My…
Recommended
This is a day so many J6ers have been waiting for.
— Julie Kelly 🇺🇸 (@julie_kelly2) December 13, 2023
Lives destroyed, people rotting in prison. All bc Biden’s DOJ abused a post-Enron evidence tampering statute.
And what will Jack Smith do now? 2 of 4 counts in his indictment in jeopardy. This is potentially more impactful than…
Here's that whole post:
This is a day so many J6ers have been waiting for. Lives destroyed, people rotting in prison. All bc Biden’s DOJ abused a post-Enron evidence tampering statute. And what will Jack Smith do now? 2 of 4 counts in his indictment in jeopardy. This is potentially more impactful than immunity issue. Will he drop the 1512c2-related counts? Will he seek a superseding indictment with other charges? Trump’s lawyers presumably will file a motion to dismiss those counts. Never a boring day!
More:
DOJ suspected this was coming. Since the muddy appellate ruling issued in April on proper use of 1512c2 in J6 cases, Matthew Graves has basically stopped using the charge. https://t.co/veJfZMyS1k
— Julie Kelly 🇺🇸 (@julie_kelly2) December 13, 2023
Getting a mixed bag of reactions from J6ers. Either crying in relief or very angry about the destruction of lives as DOJ knowingly weaponized 1512c2. No way to get back lost years, finances, and even lives.
— Julie Kelly 🇺🇸 (@julie_kelly2) December 13, 2023
I don’t think anyone sees a situation where SCOTUS upholds appellate ct https://t.co/hhw2bg4YfX
Hard to overstate the total humiliation of DOJ and 15 DC district court judges who upheld 1512c2. Only one—Judge Carl Nichols—dismissed the count in 3 cases.
— Julie Kelly 🇺🇸 (@julie_kelly2) December 13, 2023
The beauty here is that DOJ appealed Nichols. If DOJ would’ve left it alone, this wouldn’t be at SCOTUS now.
Don’t forget that 1512(c)(2) is the charge the Mueller team suggested Trump could be charged with by bastardizing language in statute just like this DOJ did.
— Julie Kelly 🇺🇸 (@julie_kelly2) December 13, 2023
It sounds as if special counsel Jack Smith might have stepped on his own foot here:
Here’s how Jack Smith impacted by SCOTUS decision to review 1512c2.
— Julie Kelly 🇺🇸 (@julie_kelly2) December 13, 2023
Two of four counts tied to obstruction charge.
By granting cert today, 4 of 9 justices agreed the “splintered” appellate decision required a review. pic.twitter.com/Wy5s3DL07g
As I reported several days ago as we awaited SCOTUS decision on 1512c2—this represents a collision course with Jack Smith.
— Julie Kelly 🇺🇸 (@julie_kelly2) December 13, 2023
SCOTUS likely will hear oral arguments in March or April—the same time Trump is on trial for same charge. (If March 4 trial date sticks which seems…
The full previous post:
As I reported several days ago as we awaited SCOTUS decision on 1512c2—this represents a collision course with Jack Smith.
SCOTUS likely will hear oral arguments in March or April—the same time Trump is on trial for same charge. (If March 4 trial date sticks which seems impossible now)
But let’s say it sticks. And Trump is convicted by DC jury.
Then SCOTUS comes down with decision in June that reverses how DOJ (and Smith) interpreted 1512c2.
The same month Judge Chutkan would be prepared to sentence Trump.
Bonkers.
Bonkers indeed.
Going back to my first piece on weaponization of 1512c2. Today is a good day. pic.twitter.com/16f29Pge28
— Julie Kelly 🇺🇸 (@julie_kelly2) December 13, 2023
One final thing:
DOJ just filed a sentencing rec asking for 66 MONTHS IN PRISON largely based on 1512c2 conviction... https://t.co/6YQYfVHn3J
— Julie Kelly 🇺🇸 (@julie_kelly2) December 13, 2023
Stay tuned.
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