(Washington) The United States Supreme Court on Tuesday considers an appeal against the use of a law used to bring one of the accusations against former President Donald Trump and hundreds of his supporters who participated in the attack on the Capitol on January 6, 2021.
The right-wing presidential candidate on November 5 is targeted by four federal charges for unlawful attempts to reverse the results of the 2020 election, lost to Democrat Joe Biden.
These include conspiracy against American institutions, conspiracy to obstruct an official proceeding, and undermining Americans’ right to vote.
He is also accused of obstructing an official procedure, namely the ceremony during which the results of the presidential vote were to be certified by Congress on January 6, 2021.
Joseph Fischer, a former police officer, is one of the hundreds of Mr. Trump supporters targeted by this latest leader or already condemned in this capacity. He is seeking to have the charges dropped on this ground, which could have a domino effect on other defendants, including Mr. Trump.
A federal judge appointed by Donald Trump had accepted Mr. Fischer’s request to drop the obstruction charges, ruling that the law had been misinterpreted and that it could only serve as a basis for prosecution in the case of financial crimes . This decision was overturned by a federal appeals court.
The Supreme Court, where six out of nine judges are conservative (including three appointed by Donald Trump), in turn looked into the case on Tuesday.
For Jeffrey Green, Mr. Fischer’s lawyer, “trying to prevent a vote count” is “very different from modifying or altering an official document.”
To which progressive judge Sonia Sotomayor responded, taking the example of the ban in force at the theater on photographing or recording actors or disrupting the performance: “if you start shouting, no one will question the fact that you are expelled, even if shouting is not taking photographs or filming. »
“It’s not how you obstruct, it’s the fact that you obstructed,” she added.
The Supreme Court should deliver a ruling towards the end of its session in June, a few months before the presidential election which will pit Donald Trump against Joe Biden again.
Delay trials
Mr. Trump’s trial for electoral interference in connection with the 2020 presidential election was due to begin on March 4 but was postponed indefinitely, while waiting for the Supreme Court to rule on the criminal immunity he claims as a former -president.
The country’s highest court is not expected to rule before June, or even July.
Obstruction of an official procedure is punishable by 20 years in prison.
Mr. Trump faces four criminal cases as he seeks to return to the White House. Jury selection began on Monday in his trial in New York over falsifications linked to payments intended to buy the silence of former porn star Stormy Daniels, days before the 2016 election.
This is the first time in the history of the United States that a former president has appeared on criminal charges.
Donald Trump is also accused of negligent handling of confidential documents after leaving the White House and is being prosecuted by the justice system of the state of Georgia for related acts of electoral interference.
The ex-president blames his legal troubles on the Democratic administration of Joe Biden, repeating that it is a “witch hunt”.
His lawyers have repeatedly sought to delay his various trials until after the November election.
reference: www.lapresse.ca