The case against former President Donald Trump and 300 other felony convictions stemming from the events of January 6 may face a major setback after the United States Supreme Court indicated it would consider an obstruction law that was used against them.
The case, Fischer v. United States, involves the prosecution of January 6 defendant Joseph Fischer. The former police officer was accused of inflaming a mob that tried to enter the Capitol and pushing against police, and he was charged with multiple federal crimes. His case challenges the Justice Department’s interpretation of the charge of “obstruction of an official proceeding,” section 1512(c)(2), which was also used against hundreds of other defendants who took part in the events at the Capitol that day, including Trump. The charge criminalizes “corruptly” obstructing, interfering with, or impeding official government proceedings and has a maximum sentence of 20 years in prison.
The “official proceeding” in this instance was Congress’ official final tally of Electoral College votes, the last step in recognizing Biden’s victory against Trump. The accusation stems from a 2002 statute enacted in the aftermath of the Enron scandal and is primarily used to punish behavior involving evidence destruction. The question of whether it relates to allegedly disrupting the election count process has dominated the prosecutions of January 6 defendants.
Explaining the gravity of the situation, investigative reporter Julie Kelly who wrote on X/Twitter: “This is a day so many J6ers have been waiting for. Lives destroyed, people rotting in prison. All bc Biden’s DOJ abused a post-Enron evidence tampering statute. And what will Jack Smith do now? 2 of 4 counts in his indictment in jeopardy. This is potentially more impactful than immunity issue.”
If the courts do overturn the interpretation of the law, then it might have far-reaching consequences since it served as the basis for numerous major January 6 lawsuits. As a consequence, at least one defendant has already made a move. Ethan Seitz, who was convicted of criminal obstruction of justice after breaking into the Capitol via a shattered glass, urged his trial-level judge to delay a sentence hearing next month due to the ongoing case “in the interests of judicial economy.”
Former federal prosecutor Michael McAuliffe said: “A ruling against the government in the Fischer case in the Supreme Court could well have a ripple effect in many other Capitol riot cases where the defendants were charged with the same obstruction of justice provision, went to trial (as opposed to pleading guilty) and were convicted.”
Some legal experts have predicted that Trump’s federal election interference trial, which is scheduled for March, will be held until a decision on the Fischer case is handed down by the Supreme Court. The high court will be given until June to hand down a ruling.
The move marks the first time the Supreme Court has agreed to review the prosecution of someone who was involved in the events of January 6.
SOURCES: CNN, REVOLVER, NEWSWEEK
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