Fallout from Trump’s bid to overturn election loss heads to Supreme Court

Apr14,2024



Washington: Donald's actions trump And his supporters are following his 2020 election defeat on top in America Supreme CourtOn the agenda for the next two weeks are matters including his attempt to avoid prosecution and efforts by convicted felons to try to overturn his defeat. attack on the capitol To avoid the charge that Trump also has to face.
Both cases are taking on even greater prominence as Trump campaigns to return to the White House as the Republican nominee to challenge Democratic President Joe Biden in the November 5 US election.
Judges on Tuesday heard arguments on the appeal of Joseph Fischer, who was charged with the following seven charges 6th January, 2021, Capitol riot involving corruptly obstructing official proceedings – Congressional certification of Biden's victory over Trump. They then hear arguments on Trump's claim of presidential immunity from prosecution on April 25.
“The court has not yet directly addressed the issues related to January 6,” said Irwin Chemerinsky, dean of the University of California, Berkeley School of Law. “But Fischer and Trump raise the issues arising from January 6 so clearly.”
Trump took several steps to reverse his 2020 defeat. His false claims of widespread voting fraud helped fuel the attack on the Capitol as Congress met to certify Biden's victory. Trump and his allies also devised a plan to use false electors from key states to thwart certification.
Federal prosecutors filed obstruction charges against about 350 of the nearly 1,400 people charged in the Capitol attack, including Fischer and Trump. A Supreme Court decision dismissing the charge against Fischer could make a charge against Trump more complicated — but not impossible, according to experts. The charge carries a sentence of up to 20 years in prison, although the defendants convicted of obstruction on January 6 received much lesser sentences.
It is one of four criminal cases against Trump, whose first trial begins on Monday in New York on charges of hush-money payments to a porn star. Trump has declared himself innocent in all the cases and has described them as politically motivated.
The Supreme Court on March 4 overturned a decision by Colorado's top court to bar Trump from the state's ballot under a constitutional provision related to insurrection. But the justices did not take into account the lower court's finding that Trump had created “a climate of political violence” and “engaged in insurrection” before the Jan. 6 attack.
claim of immunity
Until Trump, no former president had faced criminal charges.
Trump has claimed that he has “absolute immunity” because he was serving as president when he took the actions that led to Smith's accusation of election sabotage. Smith has urged the Supreme Court to reject that claim on the principle that “no man is above the law.”
In August 2023, Smith filed four federal criminal counts against Trump in the election subversion case: conspiracy to defraud the United States, corruptly obstructing an official proceeding and conspiring to do so, and conspiracy to defraud Americans from voting. To conspire against the authority of.
Fischer is awaiting trial on six criminal counts, including assaulting or obstructing officers and civil disorder, while he challenges his obstruction charge in the Supreme Court.
According to prosecutors, Fischer charged at police officers guarding the Capitol entrance during the attack. Fischer, at the time a member of the North Cornwall Township Police in Pennsylvania, rushed in as police were attempting to disperse rioters and pressed against an officer's riot shield. He remained in the building for four minutes and then the police escorted him out.
Trump-appointed U.S. District Judge Carl Nichols dismissed Fischer's obstruction charge, ruling that it only applied to defendants who tampered with evidence. The U.S. Court of Appeals for the District of Columbia Circuit reversed that decision and ruled that the law broadly covered “all forms of corrupt obstruction of official proceedings.”
The Supreme Court's ruling in Fisher's favor could mean that hundreds of other defendants who faced similar charges could seek re-sentencing, withdraw their guilty pleas or request new trials. Are.
Randall Eliason, a former federal prosecutor who now teaches, said, “In most cases it may not make much practical difference because judges may decide not to change the sentence if defendants are convicted of multiple charges.” Even if the obstruction charge is dropped.” at George Washington University Law School.
Nearly two-thirds of the defendants charged with obstruction on January 6 were also charged with other felonies.
Eliason said Fischer's victory would not prevent Smith from pursuing obstruction charges against Trump, despite the higher bar set by the Supreme Court.
“The charges against Trump could probably stick because Smith would be able to argue that his case involved evidence-based obstruction based on a slate of fake voters,” Eliason said.
Legal experts have said the Supreme Court would need to rule by about June 1 to end Trump's trial on election-related charges before November 5. If Trump wins the presidency, he could seek to end the prosecution or potentially pardon him. himself for any federal crime. Trump has promised to pardon the defendants on January 6.



Related Post

Leave a Reply

Your email address will not be published. Required fields are marked *