The case could “blow up” Jack Smith’s January 6 indictment against former President Donald Trump, according to former federal prosecutor Andy McCarthy, who said on Monday that many people are failing to emphasize the significance of the Supreme Court’s review of the Biden DOJ’s application of felony “obstruction of an official proceeding” statutes.
The crucial case Fischer v. United States, which centers on obstruction accusations, was taken up by the Supreme Court in January. Numerous nonviolent demonstrators on January 6 have been charged by federal prosecutors under 18 USC Section 1512(c)(2), which carries a potential 20-year prison term. Numerous offenders have been given severe punishments, which have resulted in lengthy jail terms for offenses that may have been misdemeanors.
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“The D.C. Circuit’s expansion of Section 1512(c)(2) beyond evidence impairment to protests at the seat of government thus conflicts with the interpretations of other courts of appeal limiting the scope of the same statute,” Attorneys for defendant Joseph Fischer on January 6 wrote in a brief that was sent to the Supreme Court.
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