The Supreme Court announced Wednesday it will examine a case involving the Jan. 6, 2021, Capitol riot that could spell trouble for the federal charges against former President Donald Trump.
At issue is the case of Joseph Fischer, a former Pennsylvania police officer who allegedly got physical with an officer on the grounds of the Capitol and called on rioters to “hold the line.”
A lower court judge had dismissed the charge of obstructing an official proceeding against Fischer and two other defendants, Edward Lang and Garrett Miller, ruling it didn’t cover their conduct and that the men had to take “some action with respect to a document, record or other object.”
The DC Circuit Court of Appeals restored the charge in an April ruling, which Fischer’s legal team appealed to the high court, arguing their client only entered the building after Congress recessed and was only inside for a brief period.
Prosecutors have slapped obstruction of an official proceeding charges against at least 315 rioters, as well as the 77-year-old Trump, who faces up to 20 years in prison if convicted on that count.
The former president is also charged with conspiracy to obstruct an official proceeding.
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