Supreme Court hearings on a lawsuit on January 6 that might affect riots and Trump

More than 350 individuals were indicted by federal prosecutors for their roles in the pro-Donald Trump mob’s assault on the U.S. Capitol on January 6, 2021. Today, the Supreme Court is considering a challenge to this statute.

Under that provision, over a hundred rioters were found guilty and handed down sentences for blocking or impeding an official proceeding. This official procedure was the joint session of Congress that met on January 6th to officially announce Joe Biden’s 2020 election triumph.

Prosecutors, according to defense attorneys, overstepped their bounds in applying a statute passed in response to the revelation of widespread fraud and document destruction that occurred during the demise of energy behemoth Enron.

On January 6th, what exactly did Joseph Fischer do?

Which of the defendants from January 6th are impacted by today’s argument, and how many in total?

Case law, rather than facts, will be at the center of Tuesday’s argument in Fischer v. U.S. However, it is anticipated that the arguments put out by both side will use Joseph Fischer’s activities to support or refute a broad interpretation of the obstruction of Congress accusation. So, on January 6, 2021, at the Capitol, who is he, and what did he allegedly do?

At the time of the riot, Fischer was serving as a police officer in a tiny town located in central Pennsylvania. According to the Lebanon Daily News, he was fired after refusing to participate with an investigation into his behavior. His release from detention before to trial was not based on fears of imminent danger, unlike the other two individuals who had challenged the same accusation to the Supreme Court. On the other hand, Fischer was allegedly ready to resort to violence in order to prevent Congress from carrying out its duties on that particular day.

In a text conversation dated December 16, 2020, Fischer allegedly threatened to lose the country unless Trump was included, as stated in court filings. “Take democratic congress to the gallows…,” he said on January 3, referring to the upcoming event on January 6, as “going to be historic.” You can’t vote if people aren’t able to breathe, haha.

On January 6, at 3:24 p.m., Fischer reached the Capitol, approximately one hour following the building’s invasion and politicians’ evacuation. His lawyers claimed he was on his way home when he decided to return to the Capitol after hearing about the events there. According to the prosecution, Fischer’s phone video shows him shouting “Charge!” over and over again while the mob advances near a police line. After that, he is captured on camera attempting to force his way into the building, where he remains for around four minutes before being removed by the police.

“Got pepper balled and OC sprayed, but entry into the Capital was needed to send a message that we the people hold the real power,” he said on Facebook the following day.

Fischer’s legal team claims that he was shoved into the police line as he tried to reach the front of the crowd. They claim that his social media posts were meant to be humorous or easily misunderstood.

Which of the defendants from January 6th are impacted by today’s argument, and how many in total?

On January 6, over three hundred and fifty individuals were indicted by federal prosecutors on charges of obstruction or impedement of an official action, specifically the joint session of Congress to confirm Joe Biden’s 2020 presidential victory.

The three men’s attorneys challenged the constitutionality of a statute that criminalized document shredding by the accounting firm of the defunct Enron corporation. The Supreme Court agreed to hear their consolidated case in December. The men’s attorneys contend that the statute applies only to the destruction of evidence in government investigations.

A judge from the U.S. District Court in Washington disagreed, saying the statute only related to the alteration or destruction of evidence, such as records or documents. This was in contrast to fourteen of fifteen trial judges who supported the prosecution’s use of the statute to punish rioters who blocked Congress’s vote on election certification.

The bulk of the 1,350 riot suspects from January 6th would be unaffected by a reversal because they are either facing serious felony charges or only minor counts like trespassing or disorderly behavior at the Capitol. However, it has the potential to cause chaos in over a hundred cases where the sole felony charge against the defendant is obstruction, or corruptly obstructing, Congress’s lawful confirmation of the 2020 election. About half of the 120 cases that have been sentenced fit into that category at the moment.

Among the most infamous, albeit peaceful, acts committed by some of the riot’s accused were taking up residence in the vice president’s chair, seizing the Senate chamber, and aiming their attacks at government officials. They include the so-called QAnon shaman Jacob Chansley, who was caught on camera in the Senate donning a horned headdress and a spear, yelling obscenities at Mike Pence, branding him a “traitor,” and threatening, “Justice Is Coming!” at Pence’s presiding desk. Even though they were not found guilty of seditious conspiracy, some members of the far-right extremist groups Proud Boys and Oath Keepers were found guilty of obstruction.