Jan. 6 defendant asks Supreme Court to throw out obstruction charge
Supreme Court,January 6,Obstruction
The Supreme Court will hear oral argument on April 16 in the case of a former police officer from Pennsylvania who entered the Capitol during the Jan. 6, 2021, attacks. Joseph Fischer, who was charged with (among other things) assaulting a police officer, disorderly conduct in the Capitol, and obstruction of a congressional proceeding, has asked the justices to throw out the charge that he obstructed an official proceeding, arguing that the law that he was charged with violating was only intended to apply to evidence tampering.
More than 300 other Jan. 6 defendants have been charged with violating the law, which was enacted as part of the Sarbanes-Oxley Act in the wake of the Enron scandal. It is also at the center of two of the charges brought by Special Counsel Jack Smith against former President Donald Trump in Washington, D.C. – the same case in which the justices will hear argument on April 25 regarding Trump’s claims of immunity.
Before the Jan. 6 attacks on the Capitol, prosecutors note, Fischer sent text messages in which he indicated to acquaintances that members of Congress “[c]an’t vote if they can’t breathe … lol” and that he might need his police chief “to post my bail … It might get violent.” And on Jan. 6, prosecutors say, Fischer urged rioters to “charge” and “hold the line” and was part of the mob that pushed the police. Fischer says that he arrived at the Capitol after the joint meeting of Congress to count the certified votes in the 2020 presidential election had already gone into recess. He was inside the building for only a few minutes, he contends, where he was pushed into the police line by the crowd.
Related Coverage
AllSides Picks
Headline Roundup
Trump Announces US Security Agreement With Denmark and Greenland
September 19th, 2026
Headline Roundup
Trump Bans CNN, Politico and MS NOW from White House 'Effective Immediately'
September 18th, 2026
The Insight
The Insight: Did Ed Sheeran and Macklemore Just Bring Back Cancel Culture?
AllSides Staff
September 18th, 2026
Recommended Reading
How Dialogue Could Have Saved the Macklemore and Ed Sheeran Tour
Alice Sheehan
September 17th, 2026
More News about Supreme Court
News from the Left
News from the Center
News from the Right
CNBC