Supreme Court Will Hear J6 Case That Could ‘Undo’ Hundreds Of Cases

The Supreme Court has agreed to hear a case regarding a federal obstruction law that could be a key factor in hundreds of January 6 cases and could even have a direct impact on Special Counsel Jack Smith’s case against former President Donald Trump.

This case centers around a specific provision of 18 U.S. Code 1512, an obstruction law stating that “whoever corruptly otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.”

The Supreme Court is slated to examine how President Joe Biden’s Department of Justice (DOJ) has been applying the provision to the prosecution of January 6 defendants.
Claremont Institute senior legal fellow Tom Caso discussed the issue in a statement to The Daily Wire, arguing that the DOJ’s application of the provision in this manner was unprecedented.

“The amazing thing is if you look at the way the government is portraying the statute, you kind of wonder why it hasn’t been applied before. I think about all of the antics of the protesters at Supreme Court nomination approvals before Congress — you know, the Code Pink folks and whoever else stands up and shouts during that testimony. Why have they never been prosecuted under this statute?” Caso asked. “They are obviously trying to impede an official proceeding.”

“It’s kind of strange that the statute is only now been discovered,” he added. “It’s been on the books for quite some time… It was part of the Dodd-Frank legislation [and] it’s never been applied in this particular manner before.”

Despite never using this provision in any similar cases in the past, the DOJ has used the obstruction law in the prosecutions of more than 300 January 6 defendants thus far — giving them the opportunity to push for harsher sentences, as the provision holds a punishment of up to 20 years in prison. This is also one of the charges that Trump is facing in his trial scheduled for March.

Should the Supreme Court agree that the Biden DOJ has misapplied the obstruction provision, they would “undo a whole bunch of cases,” according to January 6 defense attorney Kira Anne West. The decision would also cause major changes in the sentences of many January 6 defendants who have already been sentenced.

The fact that the Supreme Court is taking up this case may also halt Smith’s prosecution of Trump, as their ruling in the case isn’t expected until the end of June 2024 — while Smith is trying to prosecute Trump in March 2024.

“Since this statute is key to Jack Smith’s prosecution, and the Supreme Court ruling on this case is not likely to come out until the end of June, that could hold up the prosecution or the trial until after the Supreme Court rules,” Caso noted in his statement to The Daily Wire. “That’s going to be in the hands of the district court judge.”

The Claremont Institute senior legal fellow went on to conclude that it is currently unclear which way the high court will rule on the issue.