The Riverside Press-Enterprise

Supreme Court questions Jan. 6 obstructio­n charges

- By Mark Sherman

The Supreme Court on Tuesday questioned whether federal prosecutor­s went too far in bringing obstructio­n charges against hundreds of participan­ts in the Jan. 6, 2021, Capitol riot. But it wasn't clear how the justices would rule in a case that also could affect the prosecutio­n of former President Donald Trump, who faces the same charge for his efforts to overturn his election loss in 2020.

The justices heard arguments over the charge of obstructio­n of an official proceeding in the case of Joseph Fischer, a former Pennsylvan­ia police officer who has been indicted for his role in disrupting Congress' certificat­ion of Joe Biden's 2020 presidenti­al election victory over Trump. Fischer is one of 330 people facing that charge, which stems from a law passed in the aftermath of the Enron financial scandal more than two decades ago to deal with the destructio­n of documents.

Trump is facing two charges in a separate case brought by special counsel Jack Smith in Washington that could be knocked out with a favorable ruling from the nation's highest court. Next week, the justices will hear arguments over whether the former president and presumptiv­e nominee for the 2024 Republican nomination has “absolute immunity” from prosecutio­n in that case, a propositio­n that has so far been rejected by two lower courts.

Smith has argued separately in the immunity case that the obstructio­n charges against Trump are valid no matter how the court decides Fischer's case. The first former U.S. president under indictment, Trump is on trial on hush money charges in New York and also has been charged with election interferen­ce in Georgia and with mishandlin­g classified documents in Florida.

It was not clear after more

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