Supreme Court To Hear Challenge To Obstruction Case

By 
 December 14, 2023

Joseph Fischer was slapped with 7 indictments for his part in the January 6th Capitol Riots that occurred back in 2021.

Now, nearly three years after the Capitol Riots, a decision will be made.

The U.S. Supreme Court will soon make a decision on whether prosecutors will be able to charge Fischer for the obstruction of an official proceeding.

Former U.S. Ambassador Ken Blackwell shared his take on the matter with Breitbart News.

"Bad day for Jack Smith"

Some supporters of former President Donald Trump have made their feelings on the issue clear.

They have noted that the decision to examine this issue will not end well for U.S. Special Counsel, Jack Smith.

“Today was a bad day for Jack Smith, and a good day for the rule of law,” said Blackwell.

Ultimately, if the Supreme Court rules that Fischer cannot be charged for the obstruction of an official proceeding, it could make Smith’s plan of attack against Trump very difficult to execute.

“The criminal law at issue here is the heart of Jack Smith’s prosecution of President Trump. Biden’s Justice Department now must try to justify pursuing President Trump. The result should be that the courts will hold that this statute does not apply to these facts. This is a power grab where those in power are desperately attempting to jail Biden’s leading 2024 rival,” Blackwell continued.

D.C. Circuit’s own Judge Greg Katsas says that Section 1523 applies to Fischer’s case.

Why?

Section 1523 applies because the statute in the case has never been used in such a way - it was never intended to be used like it was by Fischer.

“Section 1512(c)(2) has been on the books for two decades and charged in thousands of cases—yet until the prosecutions arising from the January 6 riot, it was uniformly treated as an evidence-impairment crime. This settled understanding is a ‘powerful indication’ against the government’s novel position,” Blackwell wrote.

Now, just weeks away from the Supreme Court’s decision, those involved with the case are on the edge of their seats awaiting an answer.

From there, Fischer’s official trial is set to begin on March 4, 2024.

What do you think the Supreme Court will decide?

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson
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