A recent Supreme Court decision to review a case called Fischer v. United States, which experts say could weaken prosecutors' hand in hundreds of Jan. 6 cases, including former President Donald Trump's, is already upending some defendant cases and sentencing proceedings.
In December, the Supreme Court decided it would take up the appeal by Jan. 6 defendant Joseph W. Fisher of the Biden administration's novel use of an Enron-era evidence-tampering law to prosecute hundreds of defendants for obstruction of Congress during the Jan. 6, 2021, Capitol breach.
While it's unclear when the Supreme Court will hold the first hearings in Mr. Fischer's appeal, several legal experts told The Epoch Times in earlier interviews that the high court is likely to find that 1512(c)(2) is being improperly used against Jan. 6 defendants.
Challenges Based on Supreme Court Review Since the Supreme Court agreed in mid-December to take up the Fischer appeal, a number of Jan. 6 defendants have asked judges to pause their trials and sentencing proceedings pending the outcome of the case.
"The Court will order Sheppard released after he has served six months in prison-on May 2, 2024. The parties shall contact the Court within three days of the Supreme Court issuing its decision in Fischer with their positions as to what if any further proceedings are necessary," Judge Bates wrote in his order.
Concerns About Overreach Defense lawyer Kira Anne West, who has been involved in more than 50 Jan. 6 cases, has accused the DOJ of overreach in prosecuting some of the about 1,300 Jan. 6 cases.
Ms. West, who volunteered to defend dozens of Jan. 6 defendants, said during a recent episode of C-SPAN's "Booknotes" podcast that most of her Jan. 6 clients had neither a criminal history nor did they engage in any violence that day.
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