The Corner

Supremes to Hear Argument Today on Obstruction Statute Key to J6 Cases . . . Including Trump’s

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People walk their dog past the U.S. Supreme Court building in Washington, D.C., August 31, 2023.

Kevin Wurm/Reuters

Donald Trump will be in a Manhattan courtroom again today, but the action of greatest consequence for him will be in a more stately courtroom 200 miles south, where the Supreme Court will consider a case in which Trump is not a party but on which his fate may hinge — at least insofar as concerns Biden Justice Department special counsel Jack Smith’s 2020 election-interference prosecution of the former president.

The justices will hear argument this morning in Fischer v. United States. The case involves the Justice Department’s controversial use of a federal obstruction statute, Section 1512(c)(2), against defendants charged in connection with the Capitol riot.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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