On Wednesday, the United States Supreme Court issued a writ of certiorari that it will hear an appeal on former President Donald Trump’s assertion of presidential immunity in the prosecution against him by Special Counsel Jack Smith being adjudicated by DC Federal Judge Tanya Chutkan. That evening, the Trump team began to celebrate.
Trump campaign representative Steven Cheung told The Hill, “This is a big win for President Trump and our rule of law, as it derails Deranged Jack Smith’s rush to judgment strategy of interfering in the 2024 Presidential Election in support of Joe Biden’s campaign.”
HUGE NEWS: The Supreme Court will take up the case of Fischer v. United States, which deals with the misapplication of ‘obstruction of an official proceeding’ charges to J6 cases.
This could result in a major victory for Donald Trump if the court strikes down the DOJ’s charges… pic.twitter.com/ZillRZtsW5
— Kyle Becker (@kylenabecker) December 13, 2023
“They waited almost three years to bring this hoax ‘case’ and are now desperately trying, and failing, to rush it because they know President Trump is dominating the election.”
Trump’s spokesman concluded, “The Constitution should not be suspended in a baseless prosecution against the leading candidate for President. The American people, not the courts, should decide who becomes president, and they are supporting President Trump in historic numbers.”
“Judge Chutkan has granted President Trump’s motion to stay proceedings pending the resolution of the appeal on President Trump's immunity for doing his job as president and protecting our elections from fraud and abuse. This is a big win for President Trump and our rule of law… pic.twitter.com/D8SUzNc8G1
— Liz Harrington (@realLizUSA) December 13, 2023
The ruling by the Supreme Court imposes a ‘Stay’ order on the proceedings against former President Trump, however, it doesn’t forestall or relieve the gag order still in place, despite modifications, against him, nor does it release the requirements of any existing subpoenas or discovery.
However, Judge Chutkan issued an order obtained by The Western Journal recognizing the implications of the SCOTUS decision to take on the case on Wednesday that said, “Defendant’s appeal automatically stays any further proceedings that would move this case towards trial or impose additional burdens of litigation on Defendant.” She added that the ruling “STAYS the deadlines and proceedings scheduled by its Pretrial Order, as amended.”
CNN’s Elie Honig laid out early in the week the danger that Smith has courted by bringing this request for writ of certiorari to the Supreme Court and the vulnerability of the case against the former President.
As previously reported by Trending Politics, the case could potentially unravel not just Trump’s pending trial for election interference but the convictions and pending trials of hundreds of January 6th protestors. As NBC reported on Dec. 4th the Justices of the Supreme Court will now consider three appeals from defendants Joseph Fischer, Edward Lang, and Garret Miller for “obstructing an official proceeding,” which Trump is also charged with.
Fischer, Lang, and Miller are seeking to have the charge against them dismissed an over-extension of 18 U.S.C. 1512(c)(2), which establishes efforts to “corruptly” obstruct, influence or impede any official proceeding. The Justice Department under President Joe Biden has defined the term “official proceeding” to include meetings of Congress.
As Chief political correspondent for the Washington Examiner Byron York pointed out in a post to X, the portion of the law in question typically refers to the alteration, destruction, mutilation or concealment of a “record, document, or other object.”
— Byron York (@ByronYork) December 13, 2023
At question is the Biden Department of Justice’s attempt to make the word “corruptly” stretch to encompass participating in a protest that went badly wrong.