Invoking ‘Humpty Dumpty,’ retired judge urges Supreme Court not to fall over ledge when weighing statute used to prosecute Jan. 6 rioters, Trump

Left: Michael Luttig retired federal judge who was an adviser to former Vice President Mike Pence, testifies as the House select committee investigating Jan. 6. June 2022. AP Photo/Susan Walsh)/ Right: A general view of the U.S. Supreme Court, in Washington, D.C., on Thursday, February 29, 2024. (Graeme Sloan/Sipa USA)(Sipa via AP Images).

Left: Michael Luttig, a retired federal judge who was an adviser to former Vice President Mike Pence, testifies as the House select committee investigating the Jan. 6, 2021, attack on the Capitol holds a hearing at the Capitol in Washington, Thursday, June 16, 2022. (AP Photo/Susan Walsh). Right: A general view of the U.S. Supreme Court, in Washington, D.C., on Thursday, February 29, 2024. (Graeme Sloan/Sipa USA)(Sipa via AP Images).

A retired conservative judge known for his outspoken defense of the Constitution has urged the Supreme Court to keep things exceedingly simple next month when they debate controversial language within a criminal statute brought against hundreds of Jan. 6 rioters as well as Donald Trump in his election subversion case in Washington, D.C.

Joined by former lawmakers and a long list of former acting attorneys general and legal advisers to numerous federal agencies, retired U.S. Circuit Judge Michael Luttig — who only last month beseeched the high court to disqualify Trump from the ballot in Colorado because he engaged in insurrection — expends 29 pages urging justices to cast aside superfluous language and invoke the “plain meaning” of words at issue in the case of Fischer v. United States.

That case, as Law&Crime previously reported, will be heard on April 16.

It stems from a challenge brought by Jan. 6 rioter and former police officer Joseph Fischer of Pennsylvania. Fischer was arrested and indicted on several charges including a federal obstruction charge known as 18 U.S.C. § 1512(c) (2).

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