Fallout from Trump’s bid to overturn election loss heads to Supreme Court

Fallout from Trump’s bid to overturn election loss heads to Supreme Court


FILE PHOTO: U.S. President Donald Trump gestures as he speaks during a rally to contest the certification of the 2020 U.S. presidential election results by the U.S. Congress, in Washington, U.S, January 6, 2021. REUTERS/Jim Bourg/File Photo © Thomson Reuters

By John Kruzel

WASHINGTON (Reuters) – The actions of Donald Trump and his supporters following his 2020 election loss top the U.S. Supreme Court’s agenda in the next two weeks in cases involving his bid to avoid prosecution for trying to undo his defeat and an attempt by a man indicted in the Capitol attack to escape a charge that Trump also faces.

The two cases assume even greater prominence as Trump campaigns to return to the White House as the Republican candidate challenging Democratic President Joe Biden in the Nov. 5 U.S. election.

The justices on Tuesday hear arguments in an appeal by Joseph Fischer, who was indicted on seven charges following the Jan. 6, 2021, Capitol riot including corruptly obstructing an official proceeding – congressional certification of Biden’s victory over Trump. They then hear arguments on April 25 in Trump’s assertion of presidential immunity from prosecution.

“The court has not yet directly addressed issues related to Jan. 6,” said Erwin Chemerinsky, dean of the University of California, Berkeley School of Law. “But Fischer and Trump so clearly raise issues arising from Jan. 6.”

Trump took numerous steps to try to reverse his 2020 loss. His false claims of widespread voting fraud helped fuel the attack on the Capitol as Congress met to certify Biden’s victory. Trump and his allies also devised a plan to use false electors from key states to thwart certification.

Related video: Trump presents unique challenges for jury in hush money trial. (The Artistree)

Federal prosecutors brought obstruction charges against about 350 of the roughly 1,400 people charged in the Capitol attack including Fischer and Trump. A Supreme Court ruling dismissing the charge against Fischer could make it more complicated – but not impossible – to make the charge stick against Trump, according to experts. The charge carries a sentence of up to 20 years in prison, though Jan. 6 defendants convicted of obstruction have received far lesser sentences.

This is one of four criminal cases against Trump, whose first trial gets underway on Monday in New York on charges involving hush money paid to a porn star. Trump has pleaded not guilty in all of the cases and called them politically motivated.

The Supreme Court on March 4 reversed a ruling by Colorado’s top court to exclude Trump from the state’s ballot under a constitutional provision involving insurrection. But the justices did not address the lower court’s finding that Trump had created “an atmosphere of political violence” before the Jan. 6 attack and “engaged in insurrection.”


Until Trump, no former president had faced criminal charges.

Trump has asserted that he has “absolute immunity” because he was serving as president when he took the actions that triggered Smith’s election subversion indictment. Smith has urged the Supreme Court to reject that claim on the principle that “no person is above the law.”

In August 2023, Smith brought four federal criminal counts against Trump in the election subversion case: conspiring to defraud the United States, corruptly obstructing an official proceeding and conspiring to do so, and conspiring against the right of Americans to vote.

Fischer is awaiting trial on six criminal counts, including assaulting or impeding officers and civil disorder, while he challenges his obstruction charge at the Supreme Court.

According to prosecutors, Fischer charged at police officers guarding a Capitol entrance during the attack. Fischer, at the time a member of the North Cornwall Township police in Pennsylvania, got inside and pressed up against an officer’s riot shield as police attempted to clear rioters. He remained in the building for four minutes before police pushed him out.

U.S. District Judge Carl Nichols, a Trump appointee, dismissed Fischer’s obstruction charge, ruling that it applies only to defendants who tampered with evidence. The U.S. Court of Appeals for the District of Columbia Circuit reversed that decision, ruling that the law broadly covers “all forms of corrupt obstruction of an official proceeding.”

A Supreme Court decision favoring Fischer could mean that hundreds of other defendants who faced the same charge could seek to be re-sentenced, withdraw their guilty pleas or request new trials.

“It may not make a lot of practical difference in most cases because if defendants were convicted of multiple charges the judge might decide not to alter the sentence even if the obstruction charge is gone,” said Randall Eliason, a former federal prosecutor who now teaches at the George Washington University Law School.

About two-thirds of the Jan. 6 defendants charged with obstruction also were charged with other felonies.

Eliason said that a win for Fischer might not deter Smith from pursuing the obstruction charges against Trump, despite the higher bar that the Supreme Court might set.

“The charges against Trump can probably survive because Smith will be able to argue that his case did involve evidence-based obstruction, based on the slates of phony electors,” Eliason said.

Legal experts have said the Supreme Court would need to rule by about June 1 for Trump’s trial on the election-related charges to finish before Nov. 5. If Trump regains the presidency, he could seek to force an end to the prosecution or potentially pardon himself of any federal crimes. Trump has pledged to pardon Jan. 6 defendants.

(Reporting by John Kruzel; Editing by Will Dunham and Scott Malone)

Posted in Breaking News

About the Author
Stew Webb served in the United States Marine Corps and was Honorable Discharge. Stew was a Realtor-General Contractor-Home Builder until 3 car crashes in 2010-2011 (attempted murders see picture my Van on concrete barrier below Breaking News column) and is now disabled. Stew turned Federal Whistle blower - Activist of 39 years and has been a guest on over 4,000 Radio and TV Programs since September 18, 1991 and now has his own Radio Network http://www.stewwebb.com .Stew was responsible for the Congressional Investigations and Hearings that lead to the Appointment of Independent Prosecutor Arlin Adams in the 1989 HUD Hearings, the Silverado Savings and Loan Hearings Neil Bush Director, the Denver International Airport Frauds Hearings, the MDC Holdings, Inc. (MDC-NYSE) Illegal Political Campaign Money Laundering Colorado’s biggest case aka Keating 5 Hearings and the information provided that lead to the 2008 Illegal Bank Bailout. Stew was held as a Political Prisoner from 1992-1993 to silence his exposure by Leonard Millman his former in law with illegal charges of threatening harassing telephone calls charges which were dismissed with prejudice. Leonard Millman, George HW Bush, George W Bush, Jeb Bush, Neil Bush, Bill Clinton, Hillary Clinton, Larry Mizel, Phil Winn, Norman Brownstein, John McCain and Mitt Romney to name a few are all partners in what is known as the Bush - Millman - Clinton Organized Crime Syndicate. Leonard Millman (Deceased 2004) was member of the "Illuminati Council of 13". Larry Mizel is now in control of this Organized Crime Syndicate RICO. I have contributed to the following books: * “Defrauding America”, by Rodney Stitch * "Drugging America", by Rodney Stitch * “The Mafia, CIA and George Bush” by Pete Brewton * “The Oklahoma City Bombing Power of Politics”, by David Hoffman * “Bushwacked” by Uri Dowbenko * “Silverado Savings and Loan” by Steve Wilmsen * “Drugging America” by Rodney Stitch * I was instrumental in brokering a deal that has lead to Al Martin’s new book “The Conspirators”, www.almartinraw.com I have known Al since 1991, when I had to hide from the FBI who tried to jail me for exposing,“The Bush Crime Family-Denver Connection-King Pin Leonard Millman”, my former-father-in-law. @@@@@ (Your kind and generous contributions are much appreciated and needed, Please copy and paste the link below into your browser to contribute today thank you Stew Webb. https://www.paypal.com/paypalme/SWebb822 Contributions by mail: Stew Webb federalwhistleblower@gmail.com 12820 SW K-4 HWY #B Topeka, Kansas 66601-9749 Phone: 785-213-0160)


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October 25, 2010 Attempted murder of Stew Webb by 2 goons working for FBI JTFG Joint Task Force Group Kansas City, Missouri, Click on the picture to see additional information and pictures.

I am on social security disability because of 3 car crashes,  2 were attempted murder of me.

Click on the picture below and read the Private Investigators report Grandview, Missouri Police covered up for the FBI with a false report.  This broke every vertebra in my neck.–Stew Webb

Attempted Murder of Stew Webb

Grandview, Missouri Police Obstruct Justice and tried to Cover up the car crash by FBI Stooges and Killers.

SEE: PROOF (Exhibits 1-22)

Stew Webb December 3, 2023 my story how I became a US Whistle blower

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