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Over the last few days, the Supreme Court has released some fairly significant rulings in terms of how the cases against Donald Trump will move forward.
The most notable is the case where the government ruled on the insurrection charges that were levied against hundreds of January 6 protesters.
This, of course, would include Donald J. Trump.
Case Falling Apart
The case at hand was Fischer v. United States.
In a nutshell, the court ruled that the government used too broad a definition of obstruction to be able to charge these protesters with insurrection or a derivative of that charge.
The bottom line was the definition of insurrection and whether that riot was ever truly a threat to the operations of Congress and our government.
While it was an ugly day, the answer to the above question is clearly no.
This ruling will result in those charges either being dismissed or repackaged, but either way, it is a crippling blow to those cases, including the case of Donald Trump.
Theodore Cooperstein, an appellate attorney representing some Jan. 6 defendants, stated, “There is a very real possibility that if it is not dismissed, it would have to be replead or reindicted.”
Fox News legal contributors and constitutional expert Jonathan Turley added, “For Trump, this rips the wings off the plane that Jack Smith has been trying to take off in D.C.
“Smith may try to go forward on the remaining counts. However, it is hard to see how the indictment holds together.”
Justice Roberts wrote the majority decision, writing, “If Congress had wanted to authorize such penalties for any conduct that delays or influences a proceeding in any way, it would have said so.”
Trump-appointed Justice Amy Coney Barrett wrote the dissent, having joined two of the three liberal justices, stating, “There is no getting around it: Section 1512(c)(2) is an expansive statute. Yet Congress, not this Court, weighs the ‘pros and cons of whether a statute should sweep broadly or narrowly.’”
I would expect Trump’s legal team to jump all over this to try to have charges immediately dismissed in this case.
