The justices will review an appellate ruling that revived a charge against three defendants accused of obstruction of an official proceeding. The charge refers to the disruption of Congress’ certification of Joe Biden’s 2020 presidential election victory over Trump.
That’s among four counts brought against Trump in special counsel Jack Smith’s case that accuses the 2024 Republican presidential primary front-runner of conspiring to overturn the results of his election loss. Trump is also charged with conspiracy to obstruct an official proceeding.
The court’s decision to weigh in on the obstruction charge could threaten the start of Trump’s trial, currently scheduled for March 4. The justices separately are considering whether to rule quickly on Trump’s claim that he can’t be prosecuted for actions taken within his role as president. A federal judge already has rejected that argument.
I believe the Trump administration made the legal argument that anything the president does cannot be challenged if he did it in the belief it was necessary for national security, because that is the first and foremost responsibility of the president and the office itself is the ultimate source of that authority. I think it might have been when they cleared out the protestors in DC, but it was that kind of context.
What I’m wondering is whether that would give Biden the authority to order the arrest of the Supreme Court and members of Congress on the grounds that he believes they’re conducting a conspiracy against the United States and present a threat to the nation and the constitutional order.
Obviously, I’m just kidding.
Unless…