The Supreme Court is currently considering whether individuals involved in the January 6 attack on the U.S. Capitol can be charged with obstructing an official proceeding. This has implications for the election interference prosecution of former President Donald Trump. Defendant Joseph Fischer, a former police officer, is seeking to dismiss a charge accusing him of obstructing the certification of Joe Biden’s election victory. The court, which has a conservative majority, has been skeptical of broad applications of criminal provisions in the past.
Former President Trump himself is facing charges of violating the same law, as well as conspiracy to obstruct an official proceeding in his election interference case in Washington. Fischer and Trump argue that the obstruction law does not apply to their alleged conduct and are seeking to have the charges dropped. Fischer is accused of joining the mob that breached the Capitol on January 6, pushing forward towards a police line and yelling obscenities. He faces seven criminal charges, with only one being the focus of the Supreme Court case.
The law in question criminalizes efforts to obstruct, influence, or impede any official proceeding and can result in a prison sentence of up to 20 years. Passed in 2002 as part of the Sarbanes-Oxley Act after the Enron accounting scandal, Fischer’s lawyers argue that the law should be limited to circumstances involving tampering with physical evidence. A ruling in favor of Fischer could potentially benefit Trump, although prosecutors in Trump’s case have stated that his conduct would still be covered by a narrower interpretation of the statute.
Tuesday’s hearing comes just a week before the Supreme Court will hear Trump’s bid to dismiss his election interference charges on the basis of presidential immunity. Justice Clarence Thomas, who was absent on Monday, was present for the arguments. Fischer’s case also involves charges of assaulting a police officer and entering a restricted building, among others. The video evidence presented in other Jan. 6 trials shows Fischer attempting to appeal to officers protecting the Capitol, stating that he was an officer too.
The outcome of the Supreme Court’s decision in the Fischer case could have significant implications for the ongoing prosecution of former President Trump. Both Fischer and Trump are challenging the application of the obstruction law to their actions on January 6. Regardless of the court’s ruling in Fischer’s case, prosecutors in Trump’s case argue that even a win for Fischer would not necessarily mean that Trump’s conduct is exempt from the statute. As the court hears arguments on this issue, the broader implications for future cases involving obstruction of official proceedings remain to be seen.
