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BBC HomepageSkip to contentAccessibility HelpYour accountNotificationsHomeNewsSportWeatheriPlayerSoundsBitesizeMore menuMore menuSearch BBCHomeNewsSportWeatheriPlayerSoundsBitesizeCBBCCBeebiesFoodClose menuBBC NewsMenuHomeIsrael-Gaza warCost of LivingWar in UkraineClimateUKWorldBusinessPoliticsCultureMoreTechScienceHealthFamily & EducationIn PicturesNewsbeatBBC VerifyDisabilityWorldAfricaAsiaAustraliaEuropeLatin AmericaMiddle EastUS & CanadaSupreme Court hears 6 Jan case that may hit Trump trialPublished2 minutes agoShareclose panelShare pageCopy linkAbout sharingRelated TopicsUS Capitol riotsImage source, Brent StirtonImage caption, Hundreds of Trump supporters stormed the Capitol after holding a “Stop the Steal” rally on 6 January, 2021By Nadine YousifBBC NewsThe US Supreme Court have begun hearing a case that could undo charges for those who stormed the Capitol in 2021. It focuses on whether a 2002 federal law created to prevent corporate misconduct could apply to individuals involved in the 6 January riots. More than 350 people have been charged in the incident under that law, which carries a 20-year prison penalty.Donald Trump faces the same charge in the pending federal case accusing him of election interference. The law makes it a crime to “corruptly” obstruct or impede an official proceeding. On Tuesday, Supreme Court Justices heard two hours of arguments over the law’s interpretation. However, it remained unclear how they would rule. A lawyer for a man who stormed the Capitol and was prosecuted under the law argued before the Justices that “a host of felony and misdemeanour” crimes already exist to prosecute his clients actions.The 2002 law passed in the wake of the Enron accounting scandal, Jeffrey Green said, was not one of them. US Solicitor General Elizabeth Prelogar counterargued that rioters deliberately attempted “to prevent Congress from certifying the results of the election,” therefore obstructing an official proceeding. Both fielded sceptical questions from the Justices. At one point, Mr Green argued that there is no historical precedent in which the law was used to prosecute demonstrators.Justice Sonia Sotomayor replied: “We’ve never had a situation before where (there was an attempt) to stop a proceeding violently, so I am not sure what a lack of history proves.”On the other hand, Ms Prelogar fielded questions from Justice Neil Gorusch on whether the law could then be stretched to apply to a “sit-in that disrupts a trial” or “a heckler” at the State of the Union Address. “Would pulling a fire alarm before a vote qualify for 20 years in federal prison?” he asked, appearing to reference an incident in which Jamaal Bowman, Democrat House representative, pressed a fire alarm in the Capitol.How the top court rules could have wide-ranging effects on the hundreds of people charged, convicted or sentenced under the law, as well as the prosecution of Mr Trump. Here is a breakdown of the key players and the law being argued: What is the 2002 federal law at the centre of the trial?The law is called the Sarbanes-Oxley Act. It was passed in response to the Enron scandal in the early 2000s, after it was exposed that those involved had engaged in massive fraud and shredding documents. It criminalizes the destruction of evidence – like records or documents. But it also penalises anyone who “otherwise obstructs, influences or impedes any official proceeding, or attempts to do so.” How has it been used in response to the 6 January riots?Under the Sarbanes-Oxley Act, the US Department of Justice (DoJ) has brought obstruction charges against those who participated in the storming of the Capitol. Federal prosecutors argue they did so to impede Congress’ certification of the presidential electoral vote count to cement Joe Biden as the winner of the 2020 election. Therefore, the latter portion of the law that deals with obstructing an “official proceeding” would apply, the DoJ says. Who is challenging the law’s use in this case, and why? The Supreme Court is hearing a challenge to the law’s application brought forward by a former Pennsylvania police officer.Joseph Fischer was charged under the Sarbanes-Oxley Act with obstruction of a congressional proceeding on 6 January, as well as assaulting a police officer and disorderly conduct. His lawyers argue that prosecutors overreached with applying the Act, which they say deals explicitly with destroying or tampering with evidence integral to an investigation. Those who challenge the law’s application in 6 January cases also argue that a broad interpretation of the law would allow the prosecution of lobbyists or protestors who disrupt matters in Congress.How could the Supreme Court ruling impact Trump?The former president is charged under the very same law in a federal case accusing him of working to overturn the results of the 2020 election, which he lost to Mr Biden.If Supreme Court justices rule that the law does not apply to the 6 January rioters, Mr Trump could seek dismissal of half the charges he faces in that case.It also could be seen as a political win for the former president, who is seeking re-election in November, as he repeatedly has accused prosecutors of overreach. A final ruling is not expected until June. 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[ad_1] The case could undo felony charges for the former president and hundreds of 6 January rioters.
![BBC HomepageSkip to contentAccessibility HelpYour accountLiveNotificationsHomeNewsSportWeatheriPlayerSoundsBitesizeMore menuMore menuSearch BBCHomeNewsSportWeatheriPlayerSoundsBitesizeCBBCCBeebiesFoodClose menuBBC NewsMenuHomeIsrael-Gaza warCost of LivingWar in UkraineClimateUKWorldBusinessPoliticsCultureMoreTechScienceHealthFamily & EducationIn PicturesNewsbeatBBC VerifyDisabilityWorldAfricaAsiaAustraliaEuropeLatin AmericaMiddle EastUS & CanadaUS Senate releases deal on border and Ukraine – but will it ever become law?Published37 minutes agoShareclose panelShare pageCopy linkAbout sharingImage source, Getty ImagesImage caption, More than 6.3 million migrants have crossed into the US illegally since the beginning of 2021By Sam Cabral and Bernd Debusmann JrBBC News, WashingtonUS senators have unveiled a long-awaited cross-party deal that aims to combat illegal immigration at the US-Mexico border – and, in return, grant new aid to Ukraine and Israel.The bill would introduce much more severe measures to try to stem border crossings, which are at record levels. The influx is one of the biggest political headaches facing Joe Biden.The Democratic-led Senate will vote on the bill this week, but a senior House Republican said the bill was doomed.”Let me be clear: The Senate Border Bill will NOT receive a vote in the House,” said Representative Steve Scalise, the majority leader in the House of Representatives, where many Republicans want the bill to be tougher.Included in the huge $120bn funding deal is $60bn to support Ukraine in its fight against Russia and $14bn in security assistance for Israel.The military aid became part of a Mexico border deal because Republicans had said they would not agree to more money being sent to Ukraine until action was taken to fix the migrant crisis.Immigration has emerged as the top issue driving Republicans to the polls in support of former President Donald Trump, the front-runner to face Mr Biden in the November general election.Faced with mounting public anger over the migrant inflows, President Biden vowed in January to “shut down the border right now and fix it quickly” if Congress sent a bill to his desk.Biden risks Democrats’ fury again over borderThe bill, which senators of both parties have spent months negotiating, was unveiled on Sunday night.What’s happening at the border? Since President Biden took office in January 2021, more than 6.3 million migrants have been detained crossing into the US illegally between points of entry, according to statistics from the Department of Homeland Security, or DHS. Of these, about 2.4 million were allowed into the US, where the majority wait for immigration court dates in which they can make a case for asylum. The system is so overwhelmed that this can take years.A January poll conducted by CBS – the BBC’s US partner – shows that nearly half of Americans view the situation at the border as a crisis, with 63% saying that the administration should adopt “tougher” policies.More than two-thirds of Americans said they disapproved of Mr Biden’s handling of the issue. “Immigration is [Biden’s] Achilles’ heel. He is right up against the ropes on this,” said Tony Payan, the director of the Center for the United States and Mexico at Rice University’s Baker Institute in Texas.”The Republicans have been very successful at maintaining the issue on the headlines, and tying Biden to what they term ‘chaos’ on the border and an ‘invasion’ of migrants.”What’s in the new deal?The 370-page agreement will, in the words of Republican negotiator James Lankford, move from the current system of “catch and release” to one where migrants are detained and deported.Senator Lankford brokered the deal with Democratic colleague Chris Murphy and independent colleague Kyrsten Sinema. If passed into law, it would be the biggest immigration overhaul since the Reagan era in the 1980s.Among the most significant changes in the deal is a new federal authority that mandates a complete shutdown of the border when migrant crossings pass a threshold of 5,000 in a week.In practice, this would mean that migrants who arrive in the US illegally would no longer be allowed to request asylum and would be deported shortly thereafter.Image source, Getty ImagesImage caption, Immigration is the top issue driving Republican voters to the pollsAdam Isacson, a migration and border expert from the Washington Office on Latin America, told the BBC that the change would mark a “radical” departure from current norms.The new bill, he says, reverts to the spirit of the Trump presidency which took a notably hard line on immigration, introducing Title 42, a pandemic-era policy that allowed for the rapid expulsion of migrants. Other reforms included in the deal are fast-tracked decisions on asylum cases, limits on humanitarian parole, expanded authority to remove migrants from the US, stricter consequences for illegal crossings and even $650m to build or reinforce miles of border wall.Collectively, Mr Isacson said these measures would have, not long ago, been largely considered unthinkable in US politics. Before Donald Trump, these kinds of measures were not in the mainstream debate, he said. “It was something that maybe people on the anti-immigrant fringe proposed. It really shows how much the window has shifted.” In endorsing the deal on Sunday, Mr Biden called it “the toughest and fairest” border reforms in decades.”It would give me, as president, a new emergency authority to shut down the border when it becomes overwhelmed. Get it to my desk so I can sign it into law immediately.”What’s next? The bill needs at least 60 votes to advance through the 100-member Senate.But widespread opposition to the deal among House Republicans means that the immigration bill is unlikely ever to become law. Some Democrats on the left of the party may also be unhappy.Even before its details were announced and his colleague Mr Scalise spoke out against it, House Speaker Mike Johnson warned that the deal would be “dead on arrival” in the chamber.Some Republicans have demanded stricter asylum restrictions, limiting programmes allowing migrants to live and work in the US while they wait for hearings.This Republican opposition has prompted Democrats to accuse Mr Johnson and others of bowing to pressure from Mr Trump, who has urged his Capitol Hill allies to kill the bill.”Call it the ‘stupid bill’ and make sure it doesn’t get passed,” the ex-president wrote on his Truth Social platform on Wednesday, claiming the deal “will make things MUCH WORSE”.Experts say that Mr Trump’s influence has cast a shadow over the negotiations.”Letting the Biden administration twist in the wind is exactly what the Trump campaign wants,” said Mr Isacson. “That sort of status quo, of They want more B-roll of chaos during the campaign.” Related TopicsMexico–US borderUS immigrationDonald TrumpUS politicsUnited StatesJoe BidenMore on this storyBiden risks Democrats’ fury again over borderPublished16 December 2023Times Square attack on police stirs immigration rowPublished2 days ago25 governors back Texas in border row with US govtPublished26 JanuaryTop StoriesWoman killed by dogs while trying to calm puppies – daughterPublished6 hours ago’Blown away’ – Taylor Swift makes history at GrammysPublished30 minutes agoLive. 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