Supreme Court Hears Case Challenging January 6 Obstruction Charge

Apr 16, 2024
The Supreme Court heard oral argument in Fischer v. United States, a case that could impact hundreds of January 6 defendants' cases as well as Special Counsel Jack Smith’s election interference case against former President Donald Trump. Joseph Fischer, the petitioner and a January 6 defendant is challenging a criminal statute used by the federal government to charge him with obstructing an official proceeding. The proceeding is the congressional certification of the electoral votes in the 2020 presidential election on January 6, 2021. His legal team argues the statute is only applicable when there is tampering with evidence, and they contend Mr. Fischer did nothing of a sort. They want the obstruction charge thrown out. The federal government disagrees with their legal interpretation. The Supreme Court has through June 2024 to issue a ruling.