Supreme Court hears case on Jan. 6 rioter’s obstruction challenge

Supreme Court hears case on Jan. 6 rioter's obstruction challenge
UPI

April 16 (UPI) — The Supreme Court on Tuesday began hearing arguments on rioters involved in the Jan. 6 attack on the U.S. Capitol which could legally impact former President Donald Trump.

Arguments took place for nearly two hours as Chief Justice John Roberts, Justices Brett Kavanaugh, Neil Gorsuch and Samuel Alito reportedly seemed to be skeptical of the government’s interpretation of legal arguments being made against defendant Joseph Fischer.

A ruling by the 6-3 conservative majority high court could overturn felony obstruction charges for more than 300 individuals involved in the deadly Jan. 6, 2021 attack on the U.S. Capitol building

The case centers around an appeal by Joseph Fischer — a former Pennsylvania police officer accused of obstructing an official proceeding on Jan. 6 — who is seeking a dismissal of the charges against him for aiding in the obstruction of congressional proceedings for the certification of President Joe Biden’s 2020 election.

Fisher was indicted on seven counts under provisions of the 2002 Sarbanes-Oxley Act, passed Congress in the wake of the Enron and WorldCom scandals and the general public’s ensuing distrust of corporations.

The act, signed into law by former President George W. Bush, is aimed at people who “otherwise obstructs, influences or impedes any official proceeding, or attempts to do so” which prosecutors say Fischer did by interrupting congressional proceedings.

The Justice Department has already used this legal remedy to win the convictions or guilty pleas against more than 150 individuals who took part in the events of Jan. 6, 2021.

Fischer — who was present at the Jan. 6 “Stop the Steal” rally in Washington and faces up to 20 years in jail — contends that the current legal interpretation of the 2002 law getting used by prosecutors is a broad overreach of its intended purpose to address financial crimes.

“Do you think it’s plausible that Congress would have written the statute that broadly?” asked Justice Amy Coney Barrett.

Trump faces the same among four election interference charges. If Fischer is successful, it could open a legal argument for Trump to follow suit.

But prosecutors also say that even if Fisher’s legal argument is successful, Trump himself could still be tried under a more narrow version of the law in question.

Justice Clarence Thomas was seen Tuesday after no explanation was given after he was absent from court proceedings on Monday.

Tuesday’s Supreme Court hearing comes a week before the same court is set to hear Trump’s attempt to toss out other election interference charges based on his claims of presidential immunity.

Authored by Upi via Breitbart April 16th 2024