It could come back to haunt special counsel Jack Smith, who last week avoided federal appeals courts in favour of taking his case against former President Donald Trump straight to the U.S. Supreme Court. Smith asked the justices whether Trump is entitled to presidential immunity, which would protect him from prosecution for his actions prior to and during the January 6, 2021, riot at the U.S. Capitol Building. Trump’s legal team has until December 20 to respond.
The Justice Department’s interpretation of “obstruction of an official proceeding,” which is the same felony charge that Trump is facing in his own criminal case, is the subject of an appeal by Capitol rioter Joseph Fischer, and the justices agreed to hear his case as well. The case is called Fischer v. United States.
Newsweek added, “Trump is also facing one count of conspiracy against rights and one count of conspiracy to defraud the United States.” He entered a not guilty plea to every accusation.
Former U.S. Attorney Barbara McQuade explained to Newsweek that the Supreme Court’s decision to hear Fischer’s case doesn’t necessarily delay Trump’s case. However, Smith may consider pushing the trial date until after the justices rule to determine the validity of the two counts of obstruction against Trump.
Eliason made a suggestion in his Sunday newsletter that Judge Tanya Chutkan, who is presiding over Trump’s federal election interference case, might decide against proceeding to trial until after she has heard the Supreme Court’s ruling on the charge that makes up half of Trump’s indictment. Eliason suggested that Chutkan try to begin the trial in the middle of May, waiting to provide the jury instructions until after the court made their judgement regarding Fischer. The trial might start in July, but a decision might still be made before the 2024 election.
Michael McAuliffe, an elected state attorney and former federal prosecutor, said that Smith framed the indictment against Trump so that the federal election case would continue even if the Supreme Court rejected the obstruction accusations.
But there is another wrinkle as well: the question of presidential immunity.
Newsweek noted: “McAuliffe said the only real threat to Trump’s federal election case would be the presidential immunity claim, which Smith already brought to the Supreme Court in his petition last week. The justices have given Trump’s team until December 20 to respond to Smith’s petition before the court decides whether or not to take the case.”