The other Supreme Court case that could derail the January 6 prosecution - Talking Feds

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Harry talks with Mark Stern, senior writer covering courts and the law for Slate, about the recent Supreme Court argument in Fischer v. United States. Fischer, one of the January 6 marauders, is challenging the application to him of an obstruction statute that criminalizes the interference of an official proceeding: in this case, the certification vote.

Fischer's argument is that the statute only covers obstruction achieved by destruction of evidence as opposed to the general melee designed to keep Pence from executing his constitutional role. At oral argument, a contingent of conservative justices, and an apparent majority of the Court, seemed to incline toward Fischer’s argument.

A decision in his favor would cast a long shadow over the Trump January 6 indictment, two of the four counts of which concern the same statutory provision. Harry and Mark discuss the likelihood the court will rule for Fischer, the implications for the January 6 case if they do, and a possible narrower ground of decision that would still salvage Trump’s indictment. - 04/27/2024.