And here's why–SCOTUS grants a tiny number of cert petitions. When the matter is relisted, the chances the court accepts the case jumps dramatically.t.co/izL3qg3ALp
— Julie Kelly 🇺🇸 (@julie_kelly2) December 11, 2023
Mystery Surrounds Supreme Court’s Decision on Capitol Riot Case
Three petitions arising from January 6 Capitol riot prosecutions have been relisted by the Supreme Court, raising questions about how justice might rule, why a decision is being delayed and whether good news for former President Donald Trump could be on the horizon.
The court released a new order list on Monday that included the relisting of three different appeals brought by defendants Edward Lang, Garret Miller and Joseph Fischer, who are challenging the Justice Department’s reading of the felony “obstruction of an official proceeding.” The justices opted to take no action on the matter, and push the matter until the new year instead.
A U.S. District judge previously dismissed the charge against the three defendants, but a U.S. Appeals Court reversed that decision in April. The three men have not gone to trial on the charge.
The obstruction charge has been deployed against hundreds of defendants allegedly involved in the January 6, 2021 riot, including Trump, who faces the charge in his federal election interference case. If the justices decide so much as to take up the case, it would take months for them to hear oral arguments and they would then be expected to issue a ruling before June. If the Supreme Court strikes down the DOJ’s application of the federal law, such a decision is expected to upend hundreds of cases.
Asked about the court’s Monday announcement, Lang’s attorney Norm Pattis told Newsweek, “Well, the petition is still alive. So that is good,” but added that he wasn’t sure why the justices have chosen to relist the cases.