Supreme Court rules for Jan. 6 rioter challenging obstruction charge


WASHINGTON — The Supreme Court on Friday ruled in favor of a former police officer who is seeking to throw out an obstruction charge for joining the Capitol riot on Jan. 6, 2021, in a ruling that could benefit former President Donald Trump.

The justices on a 6-3 vote handed a win to defendant Joseph Fischer, who is among hundreds of Jan. 6 defendants — including Trump — who have been charged with obstructing an official proceeding over the effort to prevent Congress' certification of President Joe Biden’s election victory.

The court concluded that the law, enacted in 2002 as part of the Sarbanes-Oxley Act after the Enron accounting scandal, was only intended to apply in limited circumstances involving tampering with physical evidence.

The court sent the case back to lower courts for further proceedings on whether the Justice Department could still prosecute Fischer under the new interpretation of the law.

The statute in question, 18 U.S. Code 1512, carries a prison sentence of up to 20 years.

To what extent the ruling favors Trump remains to be seen. Prosecutors in Trump’s case said that even if Fischer wins, Trump’s conduct would still be covered by a narrower interpretation of the statute.

Fischer faces seven criminal charges, only one of which was the focus of the Supreme Court case. Even if the obstruction charge is ultimately dismissed, the other charges, including assaulting a police officer and entering a restricted building, will remain in place.

The court, which has a 6-3 conservative majority, has in the past been skeptical of prosecutors when they assert broad applications of criminal provisions.

In his election interference case, Trump faces four charges, including one count of obstructing an official proceeding and another of conspiracy to do so.

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sounds like a big deal

Supreme Court Overturns DOJ's Use of Key J6 Felony Court
Today's decision means Attorney General Merrick Garland and federal judges in Washington wrongfully prosecuted roughly 350 J6ers with the post-Enron felony,

In a devastating but well-deserved blow to the Department of Justice’s criminal prosecution of January 6 protesters, the U.S. Supreme Court today overturned the DOJ’s use of 18 USC 1512(c)(2), the most prevalent felony in J6 cases.

The statute, commonly referred to as “obstruction of an official proceeding,” has been applied in roughly 350 J6 cases; it also represents two of four counts in Special Counsel Jack Smith’s J6-related criminal indictment of Donald Trump in Washington.

In a 6-3 decision, Chief Justice John Roberts wrote that the “c2” subsection is tethered to the “c1” subsection that addresses tampering with a record, document, or “object.”

Roberts was joined by Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Ketanji Brown Jackson. Justice Amy Coney Barrett authored the dissent (!) joined by Elena Kagan and Sonia Sotomayor.

Today’s decision means hundreds of Americans have been wrongfully prosecuted by Attorney General Merrick Garland as he insists his department is dedicated to upholding the “rule of law” and pursuing justice “without fear or favor.”

The matter originated in the case of Joseph Fischer, a Pennsylvania man who attended Trump’s speech and later went to the Capitol. According to court documents, Fischer briefly entered the building around 3:25 p.m., nearly an hour after the joint session of Congress to certify the electoral college votes had recessed. He exited about four minutes later.

In March 2021, a D.C. grand jury indicted Fischer on numerous counts including 1512(c)(2). The statute reads:

Whoever corruptly—

(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or

(2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so.

It is punishable by up to 20 years in prison.

Fischer, in addition to many J6ers facing the count, asked his judge to dismiss the charge. Judge Carl Nichols, appointed by Trump, dismissed the count against Fischer and two other defendants by finding the language in the post-Enron/Arthur Anderson statute covered tampering with records or documents not interrupting a meeting of Congress. The DOJ appealed Nichols’ decision.

In December, SCOTUS granted Fischer’s petition to grant cert seeking to reverse the appellate court’s mandate. Oral arguments were held on April 16.

Nichols is the only judge to have dismissed the count; 18 district and circuit court judges in Washington refused to dismiss the count. The judges essentially enabled the Biden DOJ’s unlawful pursuit of Americans who protested Biden’s election that day.

https://www.declassified.live/...t-overturns-dojs-use