The Supreme Court agreed on Wednesday to hear an appeal brought forth by a man charged in connection to the January 6, 2021 attack on the U.S. Capitol, in a decision that is likely to have major consequences for the criminal prosecution of former president Donald Trump.
The Court will hear a case brought by defendant Joseph Fischer, an alleged January 6 rioter who is seeking to dismiss the charge of obstruction of an official proceeding. Trump himself faces the same charge, along with at least 325 other January 6 defendants.
Two other January 6 defendants, Edward Lang and Garret Miller, brought similar appeals to the Supreme Court. The Court’s ruling in the Fischer case will decide the outcome of the other two defendants’ appeals, as well as provide further judicial precedent, and will likely delay the current election-interference case against Trump.
Trump is facing four criminal indictments. The case brought by U.S. Special Counsel Jack Smith in Washington, D.C. regarding federal election interference is scheduled to begin first out of the four expected trials and is the most likely to reach a resolution before the November 5 election.
The Supreme Court Justices did not mention the Trump prosecution when they agreed to take the case. However, Trump’s legal team could make the argument that the start of his Washington trial — which is currently slated to begin in March — should be delayed until after the Supreme Court has ruled in the Fischer case. If granted, this would likely push the ruling of the first prosecution of Trump until after election day.
If this first case against Trump adheres to the original schedule, there is a possibility that Trump could be convicted and sentenced before the November election. However, if the Trump prosecution is postponed in order to await the Supreme Court’s ruling in the Fischer case, Trump would be in a position to have all federal charges against himself dismissed if he wins the election and again becomes president of the United States.
The Court is set to hear arguments in the Fischer case in the coming months and issue a ruling by the end of June.