On Wednesday, the Supreme Court announced its plan to hear an appeal that could potentially upend hundreds of charges stemming from the Jan. 6 Capitol Hill protests, including against former President Trump.
According to an Associated Press report, the higher court will review a charge of obstruction of an official proceeding brought against more than 300 people. The charge is related to the disruption of Congress’ certification of President Joe Biden’s 2020 election win.
The federal law known as 1512(c)(2) has been used against the J6 protestors and represents half of Justice Department special counsel Jack Smith’s case against Trump. This is in addition to four similar charges that have been brought against Trump by Smith, who has accused the 45th president of inciting violent riots through social media posts.
The Supreme Court’s decision to review the charges may threaten the start of Trump’s trial, which is scheduled for March 4. The justices are reportedly considering whether to rule quickly on the Republican leader’s claim that he has immunity and can’t be prosecuted for actions taken while acting as president— which a federal judge already has rejected.
More than 1,200 people have been prosecuted with charges stemming from J6, and according to court records, at least 152 people have already been convicted at trial or pleaded guilty to obstructing an official proceeding. At least 108 of them have been sentenced.
Defense attorney Kira Anne West, representing several Jan. 6 defendants charged with obstruction of an official proceeding, said the courts would have to “undo a whole bunch of cases” and adjust sentences if the Supreme Court rules in their favor. “This is a watershed day,” West said. “In our world — defense lawyer world — this is huge.”
The Supreme Court will hear arguments in March or April, with a decision expected by early summer.
