Post by Jörmungandr on Jan 19, 2024 16:10:34 GMT -5
Seen this yet?
amp.cnn.com/cnn/2024/01/18/politics/supreme-court-upending-january-6-rioters-trump/index.html
Supreme Court action already upending January 6 rioter sentencings, being looked at by Trump defense
The Supreme Court’s recent decision to take a case challenging how the Justice Department prosecutes January 6 rioters has already put on hold several rioters’ sentencings and could affect hundreds more cases — including Donald Trump’s.
amp.cnn.com/cnn/2024/01/18/politics/supreme-court-upending-january-6-rioters-trump/index.html
Supreme Court action already upending January 6 rioter sentencings, being looked at by Trump defense
The Supreme Court’s recent decision to take a case challenging how the Justice Department prosecutes January 6 rioters has already put on hold several rioters’ sentencings and could affect hundreds more cases — including Donald Trump’s.
If the challenge is successful, the Supreme Court could potentially wipe away two of the four counts that special counsel Jack Smith has brought against the former president in his federal election interference case, and upend felony convictions for dozens of January 6 rioters.
Since the Supreme Court agreed last month to take the case, Fischer v. US, more than a dozen January 6 defendants have already asked judges to halt their upcoming sentencings and trials. While some judges have balked, others have agreed to delays for the rioters in a handful of cases.
Last week, one convicted rioter already in jail successfully won an early release set for May. That rioter, Alexander Sheppard, will serve only six months of his 19-month sentence. Depending on how the Supreme Court rules, he may be free after that or be forced to return to prison to finish out his sentence.
Another rioter, Kevin Seefried, the Delaware drywall installer who notoriously carried a Confederate flag into the Capitol, is arguing for a similar early release. A few others have been able to postpone their sentencings, meaning they won’t be sentenced or have to report to jail until the Supreme Court rules on the case, which might not happen until late June.
But if the Supreme Court were to limit or disagree with the Justice Department, that could impact Trump’s trial, which is set for March, the person said. It’s unlikely that Tanya Chutkan, the judge overseeing the case, would delay his trial if the case returns to her before the Supreme Court decision in Fischer.
Last week, one convicted rioter already in jail successfully won an early release set for May. That rioter, Alexander Sheppard, will serve only six months of his 19-month sentence. Depending on how the Supreme Court rules, he may be free after that or be forced to return to prison to finish out his sentence.
Another rioter, Kevin Seefried, the Delaware drywall installer who notoriously carried a Confederate flag into the Capitol, is arguing for a similar early release. A few others have been able to postpone their sentencings, meaning they won’t be sentenced or have to report to jail until the Supreme Court rules on the case, which might not happen until late June.
But if the Supreme Court were to limit or disagree with the Justice Department, that could impact Trump’s trial, which is set for March, the person said. It’s unlikely that Tanya Chutkan, the judge overseeing the case, would delay his trial if the case returns to her before the Supreme Court decision in Fischer.
If Trump’s trial happens before the Supreme Court rules, and changes the DOJ’s ability to use the law, that could cause Trump to be retried, the source said.
The special counsel’s office has already argued that appeals over the obstruction charge shouldn’t affect Trump, because his alleged crimes included falsifying electoral vote certificates and sending them to Congress, according to a previous court filing.
Rioters asking for relief
Several defense attorneys representing January 6 rioters are deciding whether to ask for relief in the DC District Court, while some have already attempted to pause upcoming trials or sentencings, according to people familiar with their strategies. That includes both lawyers working for the federal public defender service, as well as private attorneys.
Challenge to DOJ conviction strategy
The case – brought by Joseph Fischer, a former police patrolman from central Pennsylvania who was convicted of obstruction for charging the police line at the Capitol – cuts to the heart of how the DOJ has secured felony convictions against hundreds of January 6 rioters. In those cases, the DOJ successfully argued they committed a felony by obstructing a federal proceeding.
The question raised by Fischer is whether that law could apply to congressional proceedings like the certification of the 2020 election that was disrupted on January 6, 2021.
That is the same law that Smith used to secure an indictment on two of the charges against Trump in the federal election interference case. The former president’s lawyers plan to make challenges in his case around the obstruction law if it returns to the trial judge before the Supreme Court rules, a source has told CNN.
Trump’s case is currently on hold while an appeals court considers the question of immunity from criminal charges around the presidency. Currently, the law in the DC federal court is that two of Trump’s four charges — conspiracy to obstruct an official proceeding and obstruction – should stand.
Challenge to DOJ conviction strategy
The case – brought by Joseph Fischer, a former police patrolman from central Pennsylvania who was convicted of obstruction for charging the police line at the Capitol – cuts to the heart of how the DOJ has secured felony convictions against hundreds of January 6 rioters. In those cases, the DOJ successfully argued they committed a felony by obstructing a federal proceeding.
The question raised by Fischer is whether that law could apply to congressional proceedings like the certification of the 2020 election that was disrupted on January 6, 2021.
That is the same law that Smith used to secure an indictment on two of the charges against Trump in the federal election interference case. The former president’s lawyers plan to make challenges in his case around the obstruction law if it returns to the trial judge before the Supreme Court rules, a source has told CNN.
Trump’s case is currently on hold while an appeals court considers the question of immunity from criminal charges around the presidency. Currently, the law in the DC federal court is that two of Trump’s four charges — conspiracy to obstruct an official proceeding and obstruction – should stand.
