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The Supreme Court sided on Friday with a member of the mob that stormed the Capitol on Jan. 6, 2021, saying that prosecutors had overstepped in using an obstruction law to charge him. Nor was it clear that a ruling in Mr. Fischer’s favor would erase the two charges against Mr. Trump under the law. 23-5572, was whether the law could be used to prosecute Mr. Fischer, a former Pennsylvania police officer. According to the government, Mr. Fischer sent text messages to his boss, the police chief of North Cornwall Township, Pa., about his plans for Jan. 6. “When the crowd breached the Capitol, Mr. Fischer was in Maryland, not Washington, D.C.,” his lawyers wrote in their brief.
Persons: Donald J, Trump, John G, Roberts, Ketanji Brown Jackson, Amy Coney Barrett, Joseph W, Fischer, Fischer’s, Jack Smith, Trump’s, Mr, , , ” Mr, Joseph R, Biden, Judge Florence Y, Judge Gregory G, Katsas Organizations: Capitol, Mr, Sarbanes, Oxley, Enron Corporation, ” Prosecutors, D.C, Congress, Appeals, District of Columbia Circuit Locations: United States, Pennsylvania, North Cornwall Township, Pa, Maryland, Washington
Nor was it clear that a ruling in Mr. Fischer’s favor would erase the two charges against Mr. Trump under the law. In a separate case, the justices will soon decide whether Mr. Trump is immune from prosecution. 23-5572, was whether the law could be used to prosecute Mr. Fischer, a former Pennsylvania police officer. According to the government, Mr. Fischer sent text messages to his boss, the police chief of North Cornwall Township, Pa., about his plans for Jan. 6. “When the crowd breached the Capitol, Mr. Fischer was in Maryland, not Washington, D.C.,” his lawyers wrote in their brief.
Persons: Donald J, Trump, John G, Roberts, Ketanji Brown Jackson, Amy Coney Barrett, Joseph W, Fischer, Fischer’s, Jack Smith, Trump’s, Mr, , , ” Mr, Joseph R, Biden, Judge Florence Y, Judge Gregory G, Katsas Organizations: Capitol, Mr, Sarbanes, Oxley, Enron Corporation, ” Prosecutors, D.C, Congress, Appeals, District of Columbia Circuit Locations: United States, Pennsylvania, North Cornwall Township, Pa, Maryland, Washington
Still, in an earlier case involving a different provision of the law, the Supreme Court said it should be tethered to its original purpose. Mr. Fischer is accused of entering the Capitol around 3:24 p.m. on Jan. 6, 2021, with the counting of electoral ballots having been suspended after the initial assault. But the question for the justices is legal, not factual: Does the 2002 law cover what Mr. Fischer is accused of? Indeed, the judges in the majority in an appeals court ruling against Mr. Fischer could not agree on just what the word meant. By a 5-to-4 vote, the Supreme Court agreed.
Persons: Donald J, Trump, Joseph W, Fischer, Trump’s, , Mr, Judge Florence Y, Pan, Fischer’s, Justin R, Walker, Judge Walker, corruptly ’, , Judge Gregory G, Katsas, ” Judge Katsas, Ruth Bader Ginsburg, Elena Kagan, Kagan, Seuss Organizations: Sarbanes, Oxley, Enron, Capitol, Mr, ” Prosecutors, Yates, Supreme Locations: United States
“It is clear that as president, I will be bound by laws just like all Americans,” Donald J. Trump said in 2016, during his first campaign. Next week, the Supreme Court will consider his claim that he is immune from prosecution on charges that he plotted to subvert the 2020 election. His 2016 statement, now largely forgotten, was not an off-the-cuff remark. It was, rather, a considered effort to put to rest a controversy over a question that has recently also figured in the case before the Supreme Court: May the president order the military to conduct unlawful killings? In January, at an appeals court argument, Judge Florence Y. Pan asked Mr. Trump’s lawyer a question meant to test the limits of his argument that presidents are immune from prosecution for their official acts.
Persons: ” Donald J, Trump, Judge Florence Y, Pan, Trump’s
Circuit holds that Trump cannot invoke immunity as a defense against charges connected to his attempts to overturn the 2020 presidential election and a violent insurrection at the Capitol on Jan. 6, 2021. “For the purpose of this criminal case, former President Trump has become citizen Trump, with all of the defenses of any other criminal defendant,” the panel’s ruling states. “The Indictment charges that former President Trump violated criminal laws of general applicability,” the opinion states. The panel ruling was unanimous and effectively bipartisan, with Democratic- and Republican-appointed judges in agreement. Such an appeal would continue a stay of the panel’s ruling until the high court acted.
Persons: Donald Trump’s, Trump, , ” Trump, Steven Cheung, , , ” “, Tanya Chutkan, Barack Obama, Karen LeCraft Henderson, George H.W, George H.W . Bush, J, Michelle Childs, Joe Biden, Florence Y, Pan, Appeal Trump Organizations: U.S ., Appeals, Circuit, Capitol, Trump, ” Trump Supporters Storm, Democratic, Republican, Appeal, Supreme Locations: United States, George H.W .
A three-judge panel of the federal appeals court in Washington heard arguments on Tuesday in a momentous case over former President Donald J. Trump’s claim that he is immune from criminal charges for the efforts he took to overturn the 2020 election. A ruling by the court — and when it issues that decision — could be a major factor in determining when, or even whether, Mr. Trump will go to trial in the federal election case. Here are some takeaways:All three judges signaled skepticism with Trump’s position. The judges on the Court of Appeals for the District of Columbia Circuit appeared unlikely to dismiss the charges against Mr. Trump on grounds of presidential immunity, as he has asked them to do. The two Democratic appointees on the court, Judge J. Michelle Childs and Judge Florence Y. Pan, peppered John Sauer, a lawyer for Mr. Trump, with difficult questions.
Persons: Donald J, Trump, Judge J, Michelle Childs, Florence Y, John Sauer, Karen L, Henderson, Biden Organizations: Appeals, District of Columbia Circuit, Mr, Democratic, Republican Locations: Washington
The U.S. Department of Justice is suing Penguin Random House and Simon & Schuster to block the companies from completing a merger valued at $2.175 billion. Paramount Global said Monday it scrapped its $2.2 billion deal to sell book publisher Simon & Schuster to rival Penguin Random House, weeks after a federal judge rejected the merger. Penguin, which is owned by German media conglomerate Bertelsmann, said it still believes Simon & Schuster is a good fit for its business, but that it accepted Paramount's decision. Paramount also indicated that it would still seek to unload Simon & Schuster. "Simon & Schuster is a highly valuable business with a recent record of strong performance," Paramount said.
Penguin Random House quickly condemned the ruling, which it called “an unfortunate setback for readers and authors.” In its statement Monday, the publisher said it would immediately seek an expedited appeal. The publishing industry has been consolidating for years with little interference from the government, even when Random House and Penguin merged in 2013 and formed what was then the biggest publishing house in memory. The joining of Penguin Random House and Simon & Schuster would have created a company far exceeding any rival. Penguin Random House’s global CEO, Markus Dohle, had promised that imprints of Penguin Random House and Simon & Schuster would still be permitted to bid against each other for books. Pan otherwise persistently challenged Penguin Random House’s assurances that the merger would not reduce competition.
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