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US Supreme Court Could Upend Trump Prosecution for Election Interference

The Supreme Court has agreed to consider whether federal prosecutors can charge January 6 riot defendants with a statute that makes it a crime to obstruct an official proceeding of Congress, a charge also filed against Trump, which could alter the trajectory of the criminal case against him and hundreds of other people prosecuted for the riot, Hugo Lowell reports for The Guardian.

The decision by the court to take up the matter complicates and could delay Trump’s trial in federal district court in Washington, which is scheduled for March 2024. The supreme court’s eventual ruling in Fischer v United States will indicate whether the obstruction charge under section 1512 of title 18 of the US criminal code can be used against Trump, and could undercut the other general conspiracy charges brought against the former president by the special counsel. The case involves Joseph Fischer, who was indicted in Washington on seven counts of obstructing the congressional certification of the 2020 election results when he assaulted police officers during the riot.

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