
The Supreme Court Justices agreed this week to grant cert to review the use of a federal law – also at issue in Trump’s case – that makes it a crime to “corruptly” obstruct congressional inquiries and investigations to prosecute participants in the January 6th attacks on the U.S. Capitol.
The announcement that the justices would hear argument in Fischer v. United States came out in a list of orders released on Wednesday morning.
To grant cert, from the ScotusBlog: “The justices have full discretion over whether to review the ruling, formally known as granting the petition for certiorari — or granting cert, for short. Four justices must vote to grant cert for the Supreme Court to hear the case. “ About 7K cases are filed before SCOTUS each year. Around 100 are given full review, and another couple hundred are disposed of summarily.
The case reportedly could be heard in either March or April, potentially impacting President Trump’s trial, which is currently scheduled for March 4th, 2024.
Specifically, two of the four charges that Trump is accused of include: “18 U.S. Code § 1512 – Tampering with a witness, victim, or an informant.”
SCOTUS chose to grant cert after the DOJ had appealed Judge Nichols’s decision, who had dismissed the count in 3 cases. Fifteen Washington DC district court judges had all previously upheld the obstruction charge.