On Wednesday, the United States Supreme Court issued a writ of certiorari in order to examine an appeal regarding the presidential immunity claim put forth by former President Donald Trump. The appeal pertains to the ongoing prosecution, which is being conducted under the supervision of DC Federal Judge Tanya Chutkan and is being headed by Special Counsel Jack Smith. During the evening, the Trump campaign team initiated their festivities.
As stated by a Trump campaign spokesperson, Steven Cheung, “This is a big win for President Trump and our rule of law, as it derails Deranged Jack Smith’s rush to judgment strategy of interfering in the 2024 Presidential Election in support of Joe Biden’s campaign.”
“They waited almost three years to bring this hoax ‘case’ and are now desperately trying, and failing, to rush it because they know President Trump is dominating the election.”
HUGE NEWS: The Supreme Court will take up the case of Fischer v. United States, which deals with the misapplication of ‘obstruction of an official proceeding’ charges to J6 cases.
This could result in a major victory for Donald Trump if the court strikes down the DOJ’s charges… pic.twitter.com/ZillRZtsW5
— Kyle Becker (@kylenabecker) December 13, 2023
A spokesperson for Trump stated, “The Constitution should not be suspended in a baseless prosecution against the leading candidate for President. The American people, not the courts, should decide who becomes president, and they are supporting President Trump in historic numbers.”
“Judge Chutkan has granted President Trump’s motion to stay proceedings pending the resolution of the appeal on President Trump's immunity for doing his job as president and protecting our elections from fraud and abuse. This is a big win for President Trump and our rule of law… pic.twitter.com/D8SUzNc8G1
— Liz Harrington (@realLizUSA) December 13, 2023
The opinion of the Supreme Court orders a ‘Stay’ in the legal proceedings concerning former President Trump. Nevertheless, this does not obviate or mitigate the ongoing gag order, notwithstanding specific modifications, nor does it absolve him of any present subpoena or discovery obligations.
However, in an order obtained by The Western Journal, Judge Chutkan acknowledged the repercussions of the Supreme Court’s acceptance of the case. The order stated, “Defendant’s appeal automatically stays any further proceedings that would move this case towards trial or impose additional burdens of litigation on Defendant.” She stated that the verdict “STAYS the deadlines and proceedings scheduled by its Pretrial Order, as amended.”
Earlier this week, legal analyst Elie Honig of CNN described the potential dangers Smith has exposed by filing the petition for a writ of certiorari with the Supreme Court, in addition to the feeble nature of the case concerning the former president.
CNN's Elie Honig names one thing that could doom cases against Trump pic.twitter.com/4yokeNaS6K
— Nicole Silverio (@NicoleMSilverio) December 11, 2023
In addition to undermining Trump’s ongoing prosecution for election interference, the case also threatens the convictions and ongoing trials of other protestors implicated in the January 6th incident. As of December 4th, NBC reported that three appeals from defendants Joseph Fischer, Edward Lang, and Garret Miller will be reviewed by the Supreme Court Justices. These appeals concern the allegation of “obstructing an official proceeding,” an accusation leveled against Trump as well.
More on this story via The Republic Brief:
Fischer, Lang, and Miller are attempting to have the accusation against them dropped on the grounds that it is an excessive application of 18 U.S.C. 1512(c)(2), which pertains to intentional actions aimed at unlawfully obstructing, influencing, or impeding any official legal process. President Joe Biden’s administration, through the Justice Department, has expanded the definition of “official proceeding” to encompass congressional meetings. CONTINUE READING…