Supreme Court will hear a case that could undo Capitol riot charge against hundreds, including Trump

The Supreme Court on Wednesday said it will hear an appeal that could upend hundreds of charges stemming from the Capitol riot, including against former President Donald Trump.

The justices will review an appellate ruling that revived a charge against three defendants accused of obstruction of an official proceeding. The charge refers to the disruption of Congress’ certification of Joe Biden’s 2020 presidential election victory over Trump.

That’s among four counts brought against Trump in special counsel Jack Smith’s case that accuses the 2024 Republican presidential primary front-runner of conspiring to overturn the results of his election loss. Trump is also charged with conspiracy to obstruct an official proceeding.

The court’s decision to weigh in on the obstruction charge could threaten the start of Trump’s trial, currently scheduled for March 4. The justices separately are considering whether to rule quickly on Trump’s claim that he can’t be prosecuted for actions taken within his role as president. A federal judge already has rejected that argument.

A lawyer for Trump didn’t immediately return a message seeking comment on the supreme court’s decision to review the charge.

The Supreme Court will hear arguments in March or April, with a decision expected by early summer.

The obstruction charge, which carries up to 20 years behind bars, has been brought against more than 300 defendants and is among the most widely used felony charges brought in the massive federal prosecution following the deadly insurrection on Jan. 6, 2021, when a mob of Trump supporters stormed the Capitol in a bid to keep Biden, a Democrat, from taking the White House.

At least 152 people have been convicted at trial or pleaded guilty to obstructing an official proceeding, and at least 108 of them have been sentenced, according to an Associated Press review of court records.

A lower court judge had dismissed the charge against Joseph Fischer, a former Pennsylvania police officer, and two other defendants, ruling it didn’t cover their conduct. The justices agreed to hear the appeal filed by lawyers for Fischer, who is facing a seven-count indictment for his actions on Jan. 6, including the obstruction charge.

Read the full article at The Associated Press.