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Supreme Court to Review Capitol Attack Obstruction Charge, Potentially Impacting Trump Prosecution
The Capitol assault obstruction case review by the Supreme Court has two implications: one for Donald Trump’s trial and the second for the legal fallout from the whole situation.
United States – The US Supreme Court today will address a Pennsylvania man’s attempt to have the obstruction charge against him in relation to the January 6, 2021, Capitol attack dismissed, the circumstances of which have the potential implications for the prosecution of Donald Trump for his attempts to change his 2020 election loss.
Case Details
The five justices of the court will soon be hearing the appeal of the lower court ruling that denied Joseph Fischer’s attempt to escape the charge of corruptly obstructing an official proceeding – the congressional certification of the election outcome where which Biden was victorious over Trump that the rioters sought to prevent by physical violence. The controversies will begin at 10 EST (1400 GMT), as reported by Reuters.
Trump will face the same allegations here as in the criminal case brought against him by Special Counsel Jack Smith.
The defense Counsel for Fischer has sought a restricted application of the obstruction of justice charge to only those who tampered with proof. A Supreme Court decision to dismiss the indictment against Fischer will not make the charge against Trump simpler, but it will also not make it impossible to charge him.
Potential Sentencing
This charge carries a possible sentence of up to 20 years in prison, although defendants convicted of obstructing justice after January 6 received drastically lesser sentences. Federal prosecutors have accused 350 of the approximately 1,400 people charged in the Capitol attack.
The US Supreme Court will tackle a new crucial case next week involving Trump, the Republican presidential candidate who opposed the Democratic president in that November 5, 2020, rematch. The appellate panel will hear arguments on April 25 in Trump’s original claim, which is that he was immune from prosecution by the election subversion suit that was filed against him by Smith.
Fischer is still in custody, facing trial on six other criminal charges, including assault against officers and civil unrest, and appealing a decision on the obstructing charge to reach the Supreme Court.
As the prosecution asserted, Fischer ran at the police line that was preventing the entrance to the Capitol. At this point, Fischer was an officer from the North Cornwall Township police in Pennsylvania, and he pressed against another officer’s riot shield as the police tried to clear their area of rioters. The defendant stayed inside the building for four minutes before the police forcibly ejected him.
US District Judge Carl Nichols, a Trump nominee, Fischer’s obstruction charge judge, states that the standard applies only to the defendants who tampered with the evidence. The DC Circuit Court of Appeals vacated the lower court decision, ruling that the law applying to the charge would cover all corrupt means of interfering with an official proceeding, not just documents and records.
Background
Following the 2020 elections, Trump and his associates contested the elections by alleging that voting machines had manipulated the results and the elections had been eventually and illegally stolen from Trump. As soon as January 6, during the time that Congress convened to confirm Biden’s victory, Trump supporters broke police barricades, attacked officers, robbed the building, and had the lawmakers and other people flee to safety.
In August 2023, Smith brought four federal criminal counts against Trump: conspiring to defraud the United States, obstructing an official proceeding at the federal level and conspiring for that purpose, and conspiring to deprive Americans of their constitutional right to vote. Just a week before, he separately had indicted Trump for the retention of classified documents after leaving office, as reported by Reuters.
Trump is also involved in two other criminal cases. In each case, he claimed not guilty, calling the cases politically motivated.
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Hunter Biden’s Ex-Wife to Testify in Firearm Possession Case
The trial will involve whether Hunter Biden falsely stated about his drug use in a bid to buy a pistol: witness accounts from his former wife and former girlfriends.
United States – Hunter Biden’s ex-wife is set to testify about what the young Biden’s drug habits were as a defense claim in a case that suggests he lied about them to possess a firearm.
On charges of possession of a firearm by a user of a controlled substance, prosecutors said they would prove that Hunter Biden allowed his anti-drug screening test to come back clean when he purchased a revolver in October 2018, knowing that he was a drug user, as reported by Reuters.
The jurors viewed the text messages, banking records, and some clips of the audiobook of the Then Hunter Biden memoir that the prosecutors say show the client was habitually using crack at the time he bought the gun, one day after the purchase.
“Addiction is not a crime. Lying is,” prosecutor Derek Hines said.
Hunter Biden, 54 years old, has not quit guilty to three felonies, charging him with filing false information while purchasing the gun and possession of the prohibited firearm for 11 days.
The trial comes in the wake of another precedent setting case; the criminal indictment of former President of the United States, Donald Trump, who became the first US president to be convicted of a felony last week. Trump is the Republican candidate for president against Joe Biden of the Democratic party in the Nov. 5 poll.
Something was not mentioned at Hunter Biden’s trial regarding that aspect, but the prosecution used the phrase “no one is above the law.
Testimonies and Defense
Hines said that jurors would hear Kathleen Buhle, Hunter Biden’s ex-wife, and his former girlfriend, Zoe Kestan, and Hallie Biden, who was his brother, Beau Biden’s wife. They all can testify about Hunter Biden’s problems with drugs and alcohol throughout the years, Hines noted.
Prosecution’s Evidence and Statements
Lowell, who has represented Hunter Biden in an ongoing grand jury investigation, noted that his client contradicted these claims in his memoir titled “Beautiful Things,” published in 2021. Hunter Biden’s lawyer insisted that the evidence would demonstrate the subject was sober when purchasing the firearm and viewed himself as ‘not a user’ at the time.
Context and Political Backdrop
Trump is expected to be sentenced on July 11th after he was convicted by a jury in the state court in New York last Thursday of 34 felonies of presenting fake documents to conceal payments made to a pornographic actor ahead of a sex scandal that might have had an impact on the build-up to the 2016 U. S. election, as reported by Reuters.
He has denied the allegations in three other ongoing criminal charges, two against him for his attempts to overturn his 2020 defeat by Biden and one for keeping top-secret materials at his Florida estate after his presidency in 2021.
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FDA Debate Looms Over MDMA Therapy’s Role in PTSD Treatment
The FDA on MDMA therapy for PTSD is going to usher a new era in the therapeutic management of mental health with implications in treatment for millions of patients with the disorder.
United States – An important meeting on the approval of a new treatment using one of the substances considered hallucinogens is to be held on Tuesday as the advisers to the US Food and Drug Administration are set to deliberate on the therapy based on MDMA for PTSD.
The session, conducted by the independent experts of the agency, is the closest that a drug based on MDMA, commonly referred to as ecstasy or molly, has ever gotten within the FDA procedure for approval, as reported by Reuters.
Addressing Mental Health Needs
This comes after several similar efforts have been pursued by supporters claiming that substances such as MDMA are effective in the treatment of mental health and millions also have other uses that are not related to drug use in society.
The treatment is a capsule containing or containing pure MDMA manufactured by the public-benefit corporation Lykos Therapeutics and to be taken in combination with hourly, full-spectrum sessions of talk therapy by a licensed, entheogenic mental health provider.
Promising Results and Concerns
MDMA, in combination with consultation, has indicated lower PTSD scores in trials with over 190 patients in contrast to placebo.
However, the FDA’s staff reviewers voiced concerns on Friday about how patients suffering from PTSD in the clinical trials knew whether they were given MDMA or a placebo due to the mind-altering effects of the drug.
A Step Towards Innovation
“I don’t think that is as much of a concern because even if it is an enhanced placebo effect, people are still getting better,” said David Olson, director of the UC Davis Institute for Psychedelics and Neurotherapeutics.
“But the bigger question is, what is the risk to those individuals?”
PTSD is among the largely prevalent mental health disorders, which impacts 13 million people within the United States of America and is prevalent among war veterans. This indicates that there is still a big gap in the development of new treatments for PTSD in this regard since the other drugs do not affect every person.
Lykos treatment is one treatment out of many psychedelic drugs given to patients with untreatable mental disorders, including Compass Pathways’ (CMPS. O) drug, which is derived from magic mushrooms.
The agency’s staff discussed restrictions on its use and oversight in briefing documents delivered on Friday. The FDA also pointed out the increase in both blood pressure and pulse in the trials and instances of hepatic toxicity.
According to Olson, the approval could provide “a new way to attack the problem, but as a single agent, it is not going to be a large driver” because of the cost and logistical challenges associated with it, as reported by Reuters.
“It’s important because it would be the first in this class of molecules, but I don’t think it will be the last; it will be replaced by compounds that have superior properties to MDMA.”
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British Tech Pioneer Faces Fraud Charges in HP Acquisition Trial
The fraud trial of Lynch is a follow-up on the disastrous HP-Autonomy interface, which has been a significant turning point on the technology as well as corporate governance.
United States – Jurors at the trial of British tech pioneer Mike Lynch may hear closing arguments in San Francisco on Monday in the fraud case regarding Hewlett-Packard’s (HPE. N) acquisition of Lynch’s software company Autonomy for USD 11.2 billion in 2011.
The Cambridge University-educated businessman testified for the defense at the trial, explaining that he had no criminal intentions and that HP performed the merger poorly, as reported by Reuters.
HP then proceeded to write down the value of Autonomy by USD 8.8 billion in one year since the acquisition.
Lynch and the former Autonomy finance executive Stephen Chamberlain have been charged with fraud and conspiracy for planning to artificially increase the company’s revenue starting in 2009, in part to attract a buyer.
Allegations of Fraud
Prosecutors claimed the two inflated Autonomy revenue through back-dated transactions and ‘round-trip’ transactions, where money was paid upfront by the customer through a fictitious contract.
During the trial, which started mid-March, the jurors were presented with over thirty government witnesses, including Leo Apotheker, the former HP chief who was dismissed just a few weeks after the purchase of Autonomy was declared.
Lynch’s legal advisors prepared the trial, stating that HP wanted to acquire Autonomy ahead of potential competitors, so the due diligence was performed quickly before the sale was closed.
Lynch Denies Involvement in Accounting Decisions
Taking the stand, Lynch denied that he was involved directly with the accounting decisions at issue and asserted that he was more concerned with technology issues at the time, leaving the finance-related matters in the hands of Sushovan Hussain, Autonomy’s former chief financial officer.
Hussain was convicted in 2018 in the same court in another trial. He was released from U. S. prison in January following his five-year imprisonment term.
Lynch was identified as one of the UK’s leading tech enablers in a bracket that included Steve Jobs of Apple and Bill Gates of Microsoft.
Fallout from Controversial Acquisition Continues
The Autonomy deal was one of the largest British technology deals that was supposed to boost HP’s software segment. Rather, it gave rise to a chain of cruel and costly court proceedings, as reported by Reuters.
Lynch and Hussain were found liable for the defamation in a civil trial in London in 2022, though the amount of the damages remains unconcluded. The company is requesting 4 billion US Dollars in total funding.