The U.S. Supreme Court has scheduled a conference for December 1 to decide whether to take up two crucial Jan. 6 case appeals.
One concerns a federal agent carrying his firearm at the U.S. Capitol, while the other revolves around the Department of Justice’s controversial use of the evidence-tampering law to prosecute Jan. 6 defendants for felony obstruction of Congress.
If either or both of the petitions are accepted, it would mark the first instance of the Supreme Court reviewing a case related to January 6th.
On Nov. 14, the court listed both cases as ‘distributed for conference’ on Dec. 1.
Defense attorney Marina Medvin, who is involved in both cases, said it should be clear by Dec. 4 if the court will issue orders, accept or reject the petitions for review, or hold the cases over for another conference.
The first case—Edward Jacob Lang, Petitioner v. United States—could impact hundreds of defendants accused of the most frequently charged Jan. 6 felony. Corruptly obstructing an official proceeding, which carries a potential 20-year prison term, has been charged in 317 cases, according to the latest DOJ tally.
Dozens of Jan. 6 defendants have already been convicted under the law, which has never been used in such a way since it was implemented in 2002 as a means to curb corporate financial fraud.
Attorneys for Mr. Lang and three other Jan. 6 defendants who filed an amici curiae brief in the case say the DOJ’s weaponization of the statute represents dangerous prosecutorial overreach.
The second case involves the prosecution of a former Drug Enforcement Administration (DEA) agent for carrying his service pistol and credentials onto Capitol grounds on Jan. 6.
Mark Sami Ibrahim, 35, of Anaheim, Calif., faces three federal charges: entering and remaining in a restricted building or grounds with a deadly or dangerous weapon, carrying a firearm on Capitol grounds, and injuries to property for climbing on a statue at the edge of Capitol grounds.
The Department of Justice stated that the High Court shouldn’t intervene, allowing the prosecutions to move forward.
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