Monday marks the start of the two-week “April” argument session at the Supreme Court — traditionally, the last argument session of the term.  After next week, the Supreme Court will spend the next two months finishing up the opinions.  (As of today, we have 14 opinions in the 51 cases heard in the first six argument sessions of the term.  As we get later in the term and have more opinions issued, there will be posts about which justice might have each case.  For now, there are not enough opinions issued to support any attempt to read the tea leaves.)

This session features two crucial cases related to January 6.  The first, being heard on April 16 involves the legal reach of the obstruction charge which has been filed against a significant number of defendants, including prisoner in the dock Donald J. Trump.  The second, being heard on April 25 (a special semi-expedited Thursday argument) involves whether Donald J. Trump has any immunity to the pending charges.

The April 16 argument comes in the case of Fischer vs. United States.  This appeal arises in the context of a motion to dismiss filed Mr. Fischer.  The essence of a motion to dismiss is a pre-trial claim that the conduct alleged by the government is not conduct covered by the offense charged.  The trial court agreed with Mr. Fischer, but the appellate court reversed. Continue Reading...