Conservative attorney George Conway on Saturday touted what he called a “huge” development that could legally affect former President Donald Trump after a federal appeals court upheld a ruling that would have quashed a charge of restraint used against the defendants of January 6th.
Conway, a former Republican, shared a tweet from former federal prosecutor Andrew Weissmann who commented on the update, saying the appeals court ruling is an “important legal development; allows (special counsel) Jack Smith to indict Trump for this theory; can now go to the Supreme Court.”
On Friday, the court’s three-judge panel upheld the use of the obstruction charge – on a 2-1 vote – which was thrown out last month in a lower court by Trump’s appointed U.S. District Court judge Carl Nichols, according to NBC News. Obstruction of a formal procedural charge would be used against hundreds of defendants arrested in connection with the United States Capitol riot that occurred on January 6, 2021.
Weissmann said Newsweek in an email Saturday that the court’s decision benefits the special advocate in several ways.
“The most important of which is the very practical one that it is useful for the courts to settle the law on obstruction before any indictment for obstruction against the former president. Of course, the decision (of the court of appeal) , also resolves a couple substantive issues in favor of the government, including the fact that the obstruction of Congress was supposed to fall under the Criminal Obstruction Act,” he explained.
He continued, “All of that said, the entire DC circuit or even the Supreme Court can weigh in on the issue that has divided the DC (court of appeals) panel of what standard must be met to separate protests. legitimate rights protected by the First Amendment and illegal obstruction of Congress.”
Trump is being investigated for his alleged involvement in the events that unfolded that day when he told his supporters to “fight like hell” after losing the 2020 presidential election. He also told the crowd on January 6 that they “don’t have a country anymore.” His supporters then stormed the Capitol in an attempt to prevent the certification of Joe Biden’s victory.
The former president is already facing several criminal investigations that could weaken his chances of winning in 2024 after announcing last November that he was running for president for the third time. The cases against him include his alleged mishandling of hundreds of classified documents seized by the FBI from his Mar-a-Lago residence last year and his alleged involvement in the attempt to overturn the results of the presidential election of 2020 in Georgia. Additionally, Trump was indicted last week for an alleged presidential campaign violation that occurred in 2016, becoming the first president in US history to face indictment. Trump maintained his innocence in all cases.
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The federal appeals court explained its Friday decision in an opinion paper, stating why the panel of judges disagreed with Nichols’ ruling.
“The issue raised in this case is whether the individuals who allegedly assaulted law enforcement officers while participating in the Capitol Riot can be charged with obstruction, influence or obstruction by bribery to official process, in violation of 18 USC § 1512(c)(2),” the notice read.
The opinion paper also said that Nichols’ decision “deems the law does not apply to aggressive conduct, committed in an attempt to prevent Congress from performing a constitutionally required duty. We do not disagree and reverse.”
Trump’s legal troubles are unlikely to prevent him from running for president next year, with Conway predicting last month that the former president could even “foment violence” as the legal case against him continues.
“As I said, over the next 18 months there is a high likelihood that Trump will: (1) be indicted (more than once); (2) obtains provisional release; (3) wins the GOP presidential nomination; and (4) fomenting violence,” Conway, Trump’s avid critic, tweeted early last month.
As I said, over the next 18 months it is highly likely that Trump will:
(1) being charged (more than once);
(2) obtain provisional release;
(3) winning the GOP presidential nomination; And
(4) fomenting violence. https://t.co/5o0xtzShL2— George Conway🌻 (@gtconway3d) March 5, 2023
Newsweek emailed Trump’s media office for comment.
