article urlSupreme Court to weigh case that could upend hundreds of Jan. 6 prosecutions
Mon Apr 15 2024
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Quick Hit:

The Supreme Court is set to hear a case, Fischer v. United States, that could potentially impact hundreds of prosecutions related to the Jan. 6 Capitol riot. The case will examine the scope of an obstruction statute, Section 1512(c)(2), which has been used to charge many of the defendants involved in the riot.

Key Details: 

  • The case was brought forward by Joseph Fischer, a participant in the Jan. 6 riot, who argues that his prosecution under Section 1512(c)(2) was an "unprecedented expansion" of the statute.
  • Over 353 of the nearly 1,387 Jan. 6 defendants have been charged under this statute, according to the Department of Justice.
  • The outcome of this case could also impact the prosecution of former President Donald Trump by special counsel Jack Smith.

Diving Deeper: 

The Supreme Court's decision on this case could have far-reaching implications. The statute in question, Section 1512(c)(2), penalizes anyone who corruptly "obstructs, influences, or impedes any official proceeding" with up to 20 years in prison. Fischer, who entered the Capitol on Jan. 6, argues that his prosecution under this law for obstructing Congress' certification of the 2020 election was an "unprecedented expansion" of the statute.

Should the Supreme Court agree with Fischer, it could impact not just his case, but hundreds of defendants the Department of Justice (DOJ) charged with a felony under the statute. Over 353 of the nearly 1,387 Jan. 6 defendants have been charged with "corruptly obstructing, influencing, or impeding an official proceeding," according to the DOJ.

Furthermore, the case could also affect the prosecution of former President Donald Trump by special counsel Jack Smith. Two of Trump's charges in his election interference case are centered on the obstruction statute. Smith's indictment alleges Trump used "knowingly false claims of election fraud to obstruct the federal government function by which those results are collected, counted, and certified."

The Supreme Court's decision on this case will undoubtedly have a significant impact on the legal landscape surrounding the Jan. 6 prosecutions and potentially beyond.

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