Joe Biden is counting on the courts to bail him out in the 2024 election.
That faith may have been misplaced.
And what the Supreme Court just ruled will drive Joe Biden crazy.
The Supreme Court rejected Jack Smith’s bid to expedite the justices hearing Donald Trump’s appeal to dismiss the charges against him for contesting the 2020 election on the grounds of presidential immunity.
This case is on hold until the courts resolve Trump’s appeal meaning the March 4 trial date – and by extension the ability to convict and jail Trump before the voting starts – is in serious jeopardy.
Trump celebrated the victory on Truth Social as a major setback for Joe Biden’s weaponized justice system.
“The Supreme Court has unanimously rejected Deranged Jack Smith’s desperate attempt to short circuit our Great Constitution. Crooked Joe Biden and his henchmen waited three years to bring this sham case, and now they have tried and failed to rush this Witch Hunt through the courts. Of course I am entitled to Presidential Immunity. I was President, it was my right and duty to investigate, and speak on, the rigged and stolen 2020 Presidential Election. Looking forward to the very important arguments on Presidential Immunity in front of the DC Circuit Court of Appeals. Make America Great Again!” Trump wrote.
But that wasn’t the only defeat suffered by Smith.
Two of the four charges Jack Smith brought against Donald Trump were for obstructing an official proceeding.
Biden prosecutors slapped hundreds of Trump supporters on January 6 with the charge of obstructing an official proceeding as a way to bootstrap milling peacefully around the Capitol into a felony carrying a prison sentence of up to 20 years.
Congress passed the obstructing an official proceeding statute following the 2001 Enron scandal and it was intended to criminalize shredding documents and destroying business records.
Prosecutors stretched the meaning to encompass walking around the Capitol and delaying the certification of the Electoral College.
Nothing Trump did violated the plain text of any criminal statute so Smith had to dig through the law books to find vague statutes he could interpret in the broadest manner possible to invent criminal activity.
But the Supreme Court agreed to take up the case of Fischer v. United States where a January 6 defendant challenged his conviction for obstructing an official proceeding.
That means at least four judges believe prosecutors violated the Constitution in applying this statute to Trump supporters arrested on January 6.
And in a serious blow to Smith, the courts paused the sentencing of one January 6 defendant convicted of obstructing an official proceeding until the Supreme Court decides this case.
JUST IN: A JAN. 6 DEFENDANT WHO WAS JUST ABOUT TO BESENTENCEDWILL NOW HAVE HIS CASE PUT ON HOLD WHILE THE SUPREME COURT CONSIDERS REACH OF OBSTRUCTION CHARGES. THIS IS THE FIRST CASE PUT ON HOLD,I BELIEVE, IN WAKE OF SCOTUS GRANT IN FISCHER. THE JUDGE IS DABNEY FRIEDRICH. PIC.TWITTER.COM/KLNQMS2AC7 — KYLE CHENEY (@KYLEDCHENEY) DECEMBER 22, 2023
The Court will likely hand down its decision in late June meaning Smith won’t be able to proceed with his trial against Trump as two of the charges against Trump are under appeal.
And that means the March 4 trial date is history.