US_ Supreme Court Weighs Jan. 6 Obstruction Charges Used Against Trump

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Supreme Court Weighs Jan. 6 Obstruction Charges Used Against Trump

Conservative justices expressed skepticism about the government’s use of a white-collar fraud obstruction charge against Jan. 6 defendants.

By Epoch Times Staff | Published Apr 16, 2024 | Updated Apr 16, 2024

Supreme Court police officers stand on the steps of the nation’s high court as supporters of Jan. 6 defendants gather outside of the Supreme Court in Washington on April 16, 2024. (Kent Nishimura/Getty Images)


What Happened Today

By Jacob Burg
5 hours ago


The Supreme Court justices, particularly the conservatives, on April 16 appeared skeptical of the government's use of an Enron-era obstruction charge against Jan. 6 defendants, including former President Donald Trump in the federal election case.

Petitioner Joseph Fischer was charged under Section 1512(c) of the Sarbanes-Oxley Act, which was enacted after Enron executives destroyed evidence ahead of an official investigation.

The conservative justices were skeptical about applying the Sarbanes-Oxley Act to Jan. 6 and the government's use of the obstruction provision that carries a 20-year maximum sentence.

Justice Samuel Alito asked if protesters obstructing a trial would violate the statute, noting that many protests have erupted within the Supreme Court, but the Justice Department has yet to charge any protesters with a single day in prison.

Justice Neil Gorsuch similarly questioned if Solicitor General Elizabeth Prelogar’s interpretation of the law would allow the government to give peaceful protesters 20-year prison sentences, but she said there are “built-in limitations.”

Liberal Justice Elena Kagan, on the other hand, argued that Section 1512(c)(2), which bars tampering with documents, records, or objects to prevent their use in an official proceeding, is not confined to evidence spoiling on plain reading.

Justice Kagan said the statute covers attempts to “obstruct, influence, or impede” but does not necessitate spoiling evidence. It could include obstruction of a proceeding, she said.

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READ MORE: https://www.theepochtimes.com/us/supreme-court-to-hear-jan-6-appeal-that-could-impact-trump-case-5630374?ea_src=frontpage&ea_med=lead-story-0-large-0

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