On January 6, the Supreme Court relisted three petitions relating to the Capitol riot charges, casting doubt on the judicial system’s ruling, the reason for the delay in making a decision, and the possibility of positive news for former President Donald Trump. On Monday, the court issued a fresh order list, which includes the relisting of three separate appeals made by defendants Edward Lang, Garret Miller, and Joseph Fischer, who are challenging the Justice Department’s interpretation of the felony “obstruction of an official proceeding.” No charges have been filed against the three males.
The obstruction allegation has been used against hundreds of people accused of participating in the January 6, 2021, riot, including Trump, who is facing the charge in his federal election tampering case. If the justices decide to hear the case, oral arguments will take months, and a ruling is expected by June. If the Supreme Court rules against the DOJ’s application of federal law, it will throw out hundreds of cases.
When asked about the court’s announcement on Monday, Lang’s lawyer, Norm Pattis, told Newsweek, “Well, the petition is still alive.” So that’s fantastic,” he said, adding that he wasn’t sure why the justices decided to relist the cases. The court postponed a judgement on whether to accept the cases for review and potentially investigate the government’s use of a specific portion of the obstruction of justice act.
The petitions will now be evaluated at the next conference on January 5, 2024, with a judgement expected as early as January 8, 2024. On X, formerly Twitter, legal expert Steve Vladeck stated, “That *could* mean that the Court is going to take up the issue, but it could just as easily mean that 1+ justices want to write an opinion respecting a denial.”