Supreme Court Showing Favoritism Towards Jan. 6 Participant in Obstruction Case Linked to Trump

Conservative U.S. Supreme Court justices expressed doubt on Tuesday about the obstruction charge brought by the Justice Department against a Pennsylvania man involved in the 2021 Capitol attack. This case could have implications for the prosecution of Donald Trump for his actions in attempting to overturn the results of the 2020 election.

During the court proceedings, the justices considered Joseph Fischer’s appeal of a lower court’s decision to uphold a federal charge of obstructing an official proceeding – the certification of President Joe Biden’s victory over Trump that rioters tried to prevent on January 6, 2021.

Trump himself is facing a similar charge in a case brought against him by Special Counsel Jack Smith last year.

The conservative justices, who currently hold a 6-3 majority, raised concerns about the application of the obstruction provision within the 2002 Sarbanes-Oxley Act to Fischer’s case. They questioned U.S. Solicitor General Elizabeth Prelogar about the interpretation of the law and whether the charge was necessary given the other criminal counts brought against defendants involved in the January 6 attack.

Justice Neil Gorsuch highlighted the potential for a broad interpretation of the law to encroach on non-violent protests, pointing out the significant penalty of up to 20 years in prison associated with the obstruction charge.

Chief Justice John Roberts leaned towards a narrow view of the law, suggesting that it may only apply to defendants who tamper with evidence, a position Fischer’s defense has also advocated for.

Fischer is accused of charging at police during the Capitol attack. He was a member of the North Cornwall Township police in Pennsylvania at the time and allegedly got inside the Capitol building. Jeffrey Green, Fischer’s lawyer, argued that the obstruction charge had been misapplied to his client’s case.

The discussion in court also touched on the intent behind the law and the scope of its application. Justice Kavanaugh questioned why additional charges like assault and disorderly conduct were not sufficient for prosecutors, to which Prelogar argued that Fischer’s actions were intended to intimidate Congress and impede law enforcement officers.

The case has implications for other defendants involved in the January 6 attack who have been charged with obstruction. A Supreme Court ruling in Fischer’s favor could lead to requests for resentencing or new trials for many of these individuals.

The outcome of this case could also impact the prosecution of Trump for obstruction-related charges. Special Counsel Smith has brought four federal counts against Trump, including obstructing an official proceeding. The Supreme Court will hear arguments on April 25 related to Trump’s assertion of presidential immunity from prosecution.

Fischer is currently facing other criminal charges while his obstruction charge is being challenged. The trial court dismissed his obstruction charge, but the decision was overturned by the U.S. Court of Appeals for the District of Columbia Circuit.