US Supreme Courts Rules For Jan 6 Rioter Challenging Obstruction Charge

June 28, 2024

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 a separate case, the Supreme Court is considering Trump’s claim of presidential immunity in the election interference case, which will also affect whether all the charges remain in place ahead of a trial.

Fischer previously served as a police officer in North Cornwall Township, Pa. (Another man named Joseph Fisher, who was also a police officer, was recently sentenced to 20 months in prison for his own role on Jan. 6.)

https://www.nbcnews.com/news/amp/rcna155902