The U.S. Supreme Court will hear oral arguments on April 16 related to January 6 defendant Joseph Fischer as part of a case that could potentially upend myriad legal cases, including that of former President Donald Trump.
In December, the Supreme Court agreed to hear a challenge to the Department of Justice's (DOJ's) interpretation of the "obstruction of an official proceeding" charge, potentially handing a win to those charged for their role in the January 6, 2021, Capitol riot. Fischer's charges include assaulting a police officer, disorderly conduct in the Capitol, and obstruction of a congressional proceeding. Trump was charged with the same, plus additional charges.
The court granted certiorari for Fischer v. United States on December 13, 2023, taking up Fischer's appeal on the felony charge that has been used against hundreds of people allegedly involved in the riot. If the court strikes down the DOJ's interpretation of the charge, many January 6 cases could be upended.
As of December 2023, 1,201 people from all 50 states have been charged in connection with the riot at the U.S. Capitol and 719 have pleaded guilty. Of those charged, 119 have been convicted of all charges, three have been acquitted, and 64 of 728 sentenced have served some sort of prison time. Eight cases have been dismissed.
"We will, of course, argue for a narrow construction of Section 1512(c)(2) consistent with its language and Congress' expressed purpose in enacting it," Fritz Ulrich, a federal public defender representing Fischer, told Newsweek via email on Friday.
Section 1512(c)(2) of U.S. code refers to "tampering with a witness, victim, or an informant."
"As far as the effect on the other January 6 cases that have a Section 1512(c)(2) count, nothing will happen at the argument that would affect them," Ulrich added. "But we may be able to discern how some of the justices view the statutory language at issue."
In December, Judge Tanya Chutkan agreed to freeze Trump's case while the former president appealed the indictment on presidential immunity grounds. It was scheduled to start March 4 but will likely be delayed several months, potentially past the November presidential election for which Trump is the front-runner for the Republican nomination.
On Thursday, Judge Juan Merchan ruled that a trial will start on March 25 regarding charges against Trump alleging that he falsified records in association with purported "hush money" payments made to adult film actress Stormy Daniels prior to the 2016 presidential election.
The charges, deemed by some legal analysts as the weakest of Trump's four criminal cases, may upend his presidential campaign.
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Nick Mordowanec is a Newsweek reporter based in Michigan. His focus is reporting on Ukraine and Russia, along with social ... Read more
