Supreme Court will hear challenge to Jan. 6 obstruction charge
by Ella Lee - 12/13/23 9:55 AM ET
The Supreme Court indicated Wednesday it will take up a challenge to an obstruction law used against scores of Jan. 6 rioters — and former President Trump — this term.
Joseph Fischer, a former police officer accused of being a Jan. 6 rioter, petitioned the high court to eliminate one of the several counts he faces: obstruction of an official proceeding.
The charge criminalizes “corruptly” obstructing, impeding or interfering with an official government proceeding and carries a maximum penalty of 20 years in prison. Fischer’s case is joined with two other rioters’ cases: Edward Lang and Garrett Miller.
Hundreds of rioters who stormed the Capitol on Jan. 6, 2021, have faced the same charge — the “official proceeding” being Congress’ official count of Electoral College votes, the final step of the presidential election process that certified President Biden’s win over Trump in the 2020 election.
Trump himself faces the same charge in connection with his efforts to overturn the 2020 election, meaning any Supreme Court decision on the matter could affect his federal criminal case which is expected to head to trial in Washington early next year.
Fischer’s petition to the high court argues that hundreds of cases awaiting trial would benefit from the justices’ clarification of the statute, providing “critical guidance to district courts, prosecutors and defense counsel.” The Hill requested comment from Fischer’s counsel.
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https://thehill.com/regulation/court-battles/4357873-supreme-court-will-hear-challenge-to-jan-6-obstruction-charge/
