WASHINGTON — The Supreme Court on Friday made it harder to charge Capitol riot defendants with obstruction, a charge that also has been brought against former President Donald Trump.
It’s unclear how the court’s decision will affect the case against Trump in Washington, although special counsel Jack Smith has said the charges faced by the former president would not be affected. Roughly 170 Capitol insurrection defendants have been convicted of obstructing or conspiring to obstruct the Jan. 6 joint session of Congress, including the leaders of two far-right extremist groups, the Proud Boys and the Oath Keepers. A number of defendants have had their sentencings delayed until after the justices rule on the matter.
But U.S. District Judge Carl Nichols, another Trump appointee, dismissed the charge against Fischer and two other defendants, writing that prosecutors went too far. A divided panel of the federal appeals court in Washington reinstated the charge before the Supreme Court agreed to take up the case.
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