The Supreme Court is currently deliberating whether individuals involved in the January 6th Capitol attack can be charged with obstructing an official proceeding, a case that could have implications for the prosecution of former President Donald Trump for election interference. Joseph Fischer, a former police officer, has appealed to dismiss a charge accusing him of obstructing the certification of Joe Biden’s election victory disrupted by a mob of Trump supporters. The court’s conservative majority has historically been wary of broad interpretations of criminal provisions by prosecutors.
Fischer and Trump both argue that the obstruction law does not apply to their alleged conduct, pushing for the charges to be dropped. Fischer is facing multiple criminal charges, with only one being the focus of the Supreme Court case. The law in question criminalizes attempts to obstruct official proceedings, with potential for up to 20 years in prison upon conviction. Fischer’s lawyers contend that the law should be restricted to instances involving tampering with physical evidence.
A ruling in Fischer’s favor could potentially aid Trump, although prosecutors in Trump’s case argue that even if Fischer prevails, a narrower interpretation of the statute would still cover Trump’s actions. This case is unfolding just ahead of Trump’s own legal battle to dismiss his election interference charges based on presidential immunity. Despite Clarence Thomas’ mysterious absence on Monday, he was present for the arguments on Tuesday.
