— The Supreme Court on Tuesday is taking up the first of two cases that could affect the criminal prosecution of former President Donald Trump for his efforts to overturn his election loss in 2020. Hundreds of charges stemming fromThe justices are hearing arguments over the charge of obstruction of an official proceeding.
The obstruction charge, which carries up to 20 years behind bars, is among the most widely used felony charges brought in the massive federal prosecution following the deadly insurrection. The high court case focuses on whether the anti-obstruction provision of a law that was enacted in 2002 in response to the financial scandal that brought down Enron Corp. can be used against Jan. 6 defendants.
Smith has argued separately in the immunity case that the obstruction charges against Trump are valid, no matter the outcome of Fischer's case. While it’s not important to the Supreme Court case, the two sides present starkly differing accounts of Fischer’s actions on Jan. 6. Fischer's lawyers say he “was not part of the mob” that forced lawmakers to flee the House and Senate chambers, noting that he entered the Capitol after Congress had recessed. The weight of the crowd pushed Fischer into a line of police inside, they said in a court filing.
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