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Some January 6 defendants are being released from prison on federal judges’ orders pending an appeal in the United States Supreme Court centered on interpretations of obstructing an official proceeding as oral arguments approach.
The Washington Post reported on federal judges’ decisions to release a “handful” of defendants amid the appeal in the Fischer v. United States case. Some have already been released, and others are scheduled to be released soon.
“Judges said they were acting because the high-court review significantly raised the possibility the felony convictions might be overturned,” noted the Post’s Spencer S. Hsu.
Based on the Washington Post‘s report, the judges appear to be getting nervous that the Supreme Court may rule in such a way that over 100 people they are holding on minor charges would have to be released anyway.
The Post writes:
The Supreme Court will hear oral arguments in the case next Tuesday and issue its ruling by the end of the term in late June or early July. A reversal would not affect the majority of the 1,350 Jan. 6 riot defendants, most of whom are charged either with violent felony offenses or with only misdemeanor violations such as trespassing or disorderly conduct at the Capitol. But it could wreak havoc on more than 100 cases in which obstruction — or corruptly impeding — Congress’s lawful certification of the 2020 election is the only felony charge the defendant faces. Currently, about half of 120 sentenced cases fall in that category.
In fact, the Washington Post writes that if the Supreme Court rejects the “obstruction charge” used as the basis for charges against many over the January 6 event, it could upend some cases, as well as special counsel Jack Smith’s case against Trump.
Below is another excerpt from the Post:
A Supreme Court ruling against the obstruction charge could also impact the election interference case that special counsel Jack Smith has brought against Trump. Two of the four counts the former president and presumptive 2024 Republican nominee faces are conspiring to and actually obstructing the certification of the election, underscoring the stakes of the high-court review.
A full rejection by the court “would have a devastating effect on the prosecution side” in Capitol attack felony cases that don’t otherwise involve violence, recently retired U.S. District judge Thomas F. Hogan, who sentenced 26 Jan. 6 defendants, said in a talk to Georgetown Law School students earlier this year. For some, the obstruction charge brought the stiffest penalty, and removing it would mean they would have to be resentenced or retried and face far less severe consequences. It is punishable under statute by up to 20 years in prison, although first-time offenders convicted in the Capitol riot have received far less time, typically one to four years. A federal appeals court also recently overturned a sentencing enhancement used to help determine the punishments for Jan. 6 defendants convicted of the felony.
Defendants still awaiting trial could take tougher stances with prosecutors in plea talks if the Supreme Court takes the charge off the table. And those who have pleaded guilty to obstruction but have not yet been sentenced could withdraw those pleas.
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CLICK HERE to read the full Washington Post report.
Federal judges have begun ordering the early release pending appeal of Jan. 6 defendants who challenged their sentences even though the Supreme Court is a week away from hearing arguments on whether a key charge brought against them is legally sound. https://t.co/WE2oNZLEBk
— The Liberal Washington Post (@washingtonpost) April 9, 2024
Some J6 Defendants Released amid Appeal That Impacts Trump‘s Case https://t.co/TWpwIgfHvL via @BreitbartNews
— Steve Ferguson (@lsferguson) April 11, 2024
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