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The Supreme Court’s decision to take a case challenging the Justice Department’s prosecution of January 6 rioters has put several sentencings on hold and could impact hundreds of cases, including Donald Trump’s.
The case questions whether the law used by the DOJ to secure felony convictions against rioters applies to disrupting congressional proceedings like the certification of the 2020 election.
Kira West, a defense attorney for January 6 rioters, said, “The opportunity is for these cases to be reversed.”
“It was a happy day for me when it happened. I think the court is thinking about reversing the case,” she continued.
James Boasberg, who is the chief judge of the district court, wrote, “Given that the only felony count Defendant was convicted of was [the obstruction charge], which will thus play a substantial role in his sentencing, the Court believes that postponing such sentencing until after the Supreme Court decides U.S. v. Fischer is appropriate.”
If successful, this challenge could affect Trump’s trial and lead to retrials for some. Defendants are seeking relief, and the outcome is expected to impact those charged with obstruction of an official proceeding.
The DOJ opposes delaying trials and sentencings, while some rioters have been successful in postponing their cases pending the Supreme Court’s decision.
The Justice Department wrote, “Regardless of the implications of Fischer, the public and the government have a right to a prompt resolution of this case with respect to the other charges on the indictment.”
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