(Washington) A divided Supreme Court on Tuesday considered an appeal against the use of a law that was used to prosecute former President Donald Trump and hundreds of his supporters who participated in the assault on the Capitol on January 6, 2021.
The right-wing candidate for the November 5 presidential election is targeted by four counts at the federal level for illicit attempts to reverse the results of the 2020 election, lost to Democrat Joe Biden.
This involves conspiracy against American institutions, infringement of Americans’ right to vote and obstruction of an official procedure, namely the ceremony during which the results of the presidential vote were certified by Congress on 6 January 2021.
Joseph Fischer, a former police officer, is one of the hundreds of Mr. Trump supporters targeted by this latest leader or already convicted in this capacity. He is seeking to have the charges dismissed on this basis, which could have a domino effect on other defendants, including Mr. Trump.
PHOTO KENNY HOLSTON, THE NEW YORK TIMES ARCHIVES
Rioters force their way into the Capitol in Washington, January 6, 2021.
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 the way you obstruct, it’s the fact that you obstructed,” she added.
Delay trials
Conservative judge Neil Gorsuch expressed concern about the potential use of the law, asking for example whether “a sit-in disrupting a trial or access to a federal court” and “a protester disrupting the hearing of today” could be qualified as an obstacle.
“Are they all federal crimes punishable by 20 years in prison? »
For US State Attorney Elizabeth Prelogar, these examples are incomparable with the events of January 6.
“It is fundamentally different than if they had stormed this court, bypassed the Supreme Court police and forced the judges and participants to flee for their safety,” she detailed, referring to the chaos at the Capitol which forced elected officials to flee for shelter.
According to her, Mr. Fischer had “specifically intended to prevent Congress from validating the vote and acted to obstruct this procedure.”
She also noted that 1,350 people were charged in the assault on the Capitol, but only 350 for obstruction.
PHOTO STEPHANIE KEITH, REUTERS ARCHIVES
Supporters of US President Donald Trump clash with police outside the Capitol on January 6, 2021.
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.
Mr. Trump’s trial for electoral interference in connection with the 2020 presidential election was scheduled to begin on March 4 but was postponed indefinitely, pending the Supreme Court’s ruling on the criminal immunity he claims as a former -president.
The country’s highest court is not expected to rule before the end of June.
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. On Monday, jury selection began 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.