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Capitol storming case against Trump

Jun 29, 2024

The US Supreme Court has raised the legal bar for prosecutors seeking obstruction charges in the federal election tampering case against Donald Trump and the defendants involved in the January 6, 2021, attack on the Capitol.

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This is reported by RBC-Ukraine with reference to Reuters.

Six of the three justices ruled to overturn a lower court's ruling that allowed accused former police officer Joseph Fisher to face charges of corruptly obstructing the official process — Congressional confirmation of President Joe Biden's 2020 victory over Trump, which rioters tried to block.

In the decision, which was authored by Chief Justice John Roberts, the court applied a narrow interpretation of the obstruction law. It states that prosecutors must prove that the accused "violated the availability or integrity" of documents or other records related to official proceedings or attempted to do so.

Roberts was joined by fellow conservatives Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh, as well as liberal Justice Ketanji Brown Jackson.

Roberts rejected the Justice Department's proposed broader interpretation of what constitutes obstruction, calling it "a new interpretation that criminalizes a wide range of trivial conduct, exposing activists and lobbyists to decades in prison."

Conservative Justice Amy Coney Barrett wrote a dissenting opinion, joined by liberal Justices Sonia Sotomayor and Elena Kagan.

Fisher contested obstruction charges that federal prosecutors brought against him and hundreds of other people, including Trump, in cases related to the January 6 events.

The lower court was ordered to review the case in light of Friday's ruling.

The decision was a potential boost for Trump, who is challenging Democrat Joe Biden in the US election on November 5, 2024.

The Supreme Court is expected to rule on Trump's immunity from prosecution in the federal election hacking case on Monday, July 1. Trump pleaded not guilty.

The Biden campaign said Friday's decision "does not change the fundamental truth that Donald Trump will always put himself ahead of our democracy."

"Violent insurgents and those who encourage them must be brought to justice, but Donald Trump thinks otherwise," the campaign said in a statement.
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At the same time, Attorney General Merrick Garland expressed disappointment with this decision.

"Jan. 6 was an unprecedented attack on a cornerstone of our system of government - the peaceful transfer of power from one administration to another," Garland said, adding that Friday's decision "cuts an important federal law that the department has tried to use to ensure that those who are most responsible for this attack will face the appropriate consequences."
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The charge carries a penalty of up to 20 years in prison if convicted, although the defendants found guilty of obstruction on January 6 received much shorter prison terms.

Author - Serhii Kolomiets, 30/06/2024

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