The Supreme Court is set to hear oral arguments on April 16th in the case of Joseph Fischer, a former police officer from Pennsylvania charged in connection with the Jan. 6, 2021, attacks on the U.S. Capitol. Among the charges Fischer faces includes assaulting a police officer, disorderly conduct in the Capitol, and the obstruction of a congressional proceeding. Fischer has requested that the Supreme Court dismiss the obstruction charge. His argument is that the law he has been accused of violating, which was enacted as part of the Sarbanes-Oxley Act following the Enron scandal, was designed to address evidence tampering, not the alleged activities of which he stands accused. Further case details are available here.
Fischer is by no means the only defendant facing these charges; over 300 other individuals involved in the Jan. 6 attack have been accused of violating the same law. Notably, this law also plays a central role in two charges brought against former President Donald Trump. The Supreme Court is due to hear arguments about Trump’s claims of immunity on April 25th. Details on that case can be found here.
Fischer’s brief emphasizes that the scope of Section 1512(c)(2), which deals with obstruction, should be interpreted in light of the broader statutory scheme. He contends that the actions covered by this section should pertain to those enumerated in the preceding section on evidence tampering. Moreover, he argues that a broader interpretation of Section 1512(c)(2) would render the first section meaningless.
Arguments by the federal government counter Fischer’s interpretation of Section 1512(c)(2) as being too limited. They argue instead that this is a “catchall offense” encompassing all forms of corrupt obstruction of an official proceeding. They also note that the law was designed to address the potential for corruption to occur in unanticipated ways.
A ruling in this case is expected by late June or early July, with potential implications for the cases brought against both the Jan. 6 defendants and the former President. Details on the charges against Trump can be found here.
Originally reported by Amy Howe on Howe on the Court.