The Supreme Court is currently deliberating on the extent to which federal prosecutors can bring obstruction charges against participants in the Jan. 6, 2021 Capitol riot, including former President Donald Trump. The case in question involves Joseph Fischer, a former Pennsylvania police officer indicted for disrupting Congress’ certification of Joe Biden’s election victory.
During the arguments, the justices seemed divided on the matter, with conservative justices leaning towards Fischer’s side and liberal justices supporting the Justice Department’s position. The case could have significant implications for Trump, who is facing similar charges in a separate case brought by special counsel Jack Smith.
The debate revolves around whether the anti-obstruction provision of a law enacted in response to the Enron scandal can be applied to Jan. 6 defendants. Fischer’s lawyers argue that the provision was intended to address evidence tampering, not actions like those of their client.
On the other hand, the administration contends that Fischer’s actions before, during, and after Jan. 6 demonstrated intent to obstruct an official proceeding. The obstruction charge is a key felony charge in the federal prosecution of the Capitol riot, carrying a maximum prison term of 20 years.
The outcome of this case could impact the prosecution of over 330 individuals facing similar charges related to the riot. A decision is expected by late June, with the justices considering the broader implications of the law and its application in cases of political unrest.