The Supreme Court agreed to review an appeal from a Jan. 6 defendant that could impact Donald Trump’s federal election interference case, over the scope of the obstruction statute used in prosecutions stemming from the Capitol attack.
The high court’s decision on Wednesday to review the case doesn’t directly involve Trump, but he could benefit from a favorable decision for the defense and even try to use the pendency of the appeal itself as another means of delay. The justices are separately considering a request from special counsel Jack Smith to intervene early in Trump’s immunity appeal that could upend his scheduled March trial date in Washington; Trump’s response to Smith’s petition is due Dec. 20.
Defendants charged in Jan. 6 cases have argued that the government’s use of obstruction charges is too broad, which a federal judge in Washington agreed with but the appeals court in Washington disagreed, prompting the ask for the justices to step in.
Trump is charged with four counts in Washington: conspiracy to defraud the U.S., conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights. He has pleaded not guilty in that case and in his three other criminal cases, in New York, Georgia and Florida.
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