In the lead-up to the January 6, 2021, attack on the U.S. Capitol, Joseph Fischer, a former police officer in Pennsylvania, expressed violent sentiments towards Democratic members of Congress, talking about taking them “to the gallows” and predicting their demise. On the day of the attack, Fischer participated in the mob attempting to block former President Donald Trump’s electoral defeat. Now facing seven criminal charges, Fischer is contesting one specific charge of obstruction of an official proceeding, which is also central to Trump’s own legal battle.
The law at the heart of Fischer’s case, Title 18, Section 1512(c)(2) of the U.S. Code, criminalizes attempts to corruptly obstruct official proceedings, carrying a potential prison sentence of up to 20 years. Fischer’s lawyers argue that the law is being applied too broadly and should not cover his actions, such as the alleged assault of a police officer. Republican lawmakers and a 6-3 conservative majority Supreme Court have raised concerns about the Justice Department’s use of this law as a tool against perceived political opponents.
The outcome of Fischer’s case, along with that of other January 6 defendants, will have far-reaching implications, potentially impacting Trump’s own prosecution for violating the same law. The Supreme Court’s ruling on this matter could set a precedent for how broadly such statutes can be interpreted and enforced, affecting not only the immediate legal battles but also shaping the boundaries of legal accountability for acts related to the insurrection at the U.S. Capitol.
