Supreme Court Justices Raise Concerns About DOJ’s Use of Obstruction Statute in Jan. 6 Cases

In a landmark case that could have far-reaching implications, Supreme Court justices recently expressed concerns about the Justice Department’s use of an obstruction statute to charge individuals involved in the Jan. 6 attacks on the U.S. Capitol. The case, which revolves around defendant Joseph Fischer, a former police officer, could also impact the election interference prosecution of former President Donald Trump.

Fischer is appealing a charge of obstructing an official proceeding related to Congress certifying Joe Biden’s election victory. The law in question carries a prison sentence of up to 20 years and criminalizes efforts to obstruct or influence any official proceeding. Justices questioned whether the statute could be used to prosecute peaceful protesters and disrupted Supreme Court proceedings.

Trump is also facing charges under the same law, as well as conspiracy to obstruct an official proceeding, in a separate case from the hush money prosecution in New York. Fischer argues that the obstruction law should not apply to his conduct and is seeking to have the charges dropped.

Prosecutors defended their use of the statute, pointing out that only 350 out of the 1,350 Jan. 6 defendants have been charged with obstructing an official proceeding. The obstructing statute was enacted in 2002, and Fischer’s lawyers argue that it should be limited to physical evidence tampering.

A ruling in favor of Fischer could potentially benefit Trump, although prosecutors believe that Trump’s conduct would still be covered under a narrower interpretation of the statute. The Supreme Court’s decision in this case could have significant implications for future prosecutions involving obstruction of official proceedings. Stay tuned for updates on this developing story.

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