The Supreme Court's decision to consider the appeal of a January 6th protester could fuel Donald Trump's efforts to delay his 2020 election trial, Newsweek reported.
The high court has agreed to weigh the appeal of Joseph Fischer, who like hundreds of others was charged with "obstruction of an official proceeding" for his involvement in January 6th.
The obstruction charge is also implicated in two of the four counts in Jack Smith's January 6th indictment, which charged Trump with conspiracy to defraud the United States, conspiracy to obstruct an official proceeding, obstruction of and attempt to obstruct an official proceeding, and conspiracy against rights.
The Supreme Court will hear arguments in Fischer's case in March or April, and a decision wouldn't come until months later.
The legal timeline could jeopardize the March 4 trial date in Trump's case.
Smith may wait for clarity on whether the obstruction charges will stand, or he could consider dropping them, liberal legal expert Barbara McQuade said.
"Even though he has two other counts in the indictment, convictions on the obstruction counts could jeopardize the whole case on appeal if a court were later to find that the jury may have relied on evidence of the obstruction in reaching its decision," McQuade said.
"Other options are to drop the obstruction counts now and proceed on the other two counts or take his chances with all four counts and move forward."
Separately, Trump is appealing a ruling on the question of whether he has presidential immunity. The anti-Trump judge in the case, Tanya Chutkan, has paused the case pending Trump's appeal.
The developments have raised speculation that Trump's trial will be delayed past the 2024 presidential election.
Smith has asked the Supreme Court to fast-track the immunity question. Trump promptly blasted the request as a blatant attempt to ensure Trump goes to trial before the election, with a view to helping Biden win a second term.
But with the obstruction issue in the mix, a trial on Smith's timetable appears less likely.
The Supreme Court ordered Trump to respond to Smith's demand by Wednesday.
Although Smith has not charged Trump with causing the "insurrection," he has signaled he plans to lodge those accusations during the trial.
Trump's team has objected to this maneuver, calling it an effort to prejudice the case against Trump.
