Supreme Court is set to hear an important Jan. 6 case

 April 15, 2024

This week, the U.S. Supreme Court will hear oral arguments in a consequential case having to do with the Capitol protest of Jan. 6, 2021. 

The case, according to the Daily Caller, is Fischer v.United States. 

Joseph Fischer has been charged with violating U.S. Code Title 18, Section 1512(c)(2), which regards the obstruction of an official proceeding. The claim is that Fischer, during the Jan. 6 protest, interfered with Congress's certification of the 2020 presidential election results by his actions at the Capitol.

The question that the justices will consider, however, is whether the Biden administration is correctly applying this law, or whether it is improperly using this law to go after President Joe Biden's political opponents. Fischer and others are arguing the latter.

What's going on?

Fischer is one of over 300 individuals whom the Biden administration has charged with violating Section 1512(c)(2). The most prominent individual to be hit with this charge is former President Donald Trump.

This is why Fischer's case is so important. It can have a huge impact not only on Fischer's case but on the cases of all of these 300 individuals who have been charged with violating this law, including Trump.

It is all going to come down to whether the Supreme Court justices agree with Fischer that the Biden administration has misapplied this law.

"Before the January 6 cases, no court had applied Section 1512(c)(2) to conduct not intended to affect the availability or integrity of evidence. Nor had a defendant ever been convicted of an obstruction-of-Congress offense outside the context of a legislative inquiry or investigation," Fischer's attorney has argued.

Yet, Fischer says that this is exactly what the Biden administration is trying to do to him, Trump, and the others.

Looking ahead

The Biden administration's attempt to apply Section 1512(c)(2) to Trump is even more questionable.

Unlike Fischer, Trump did not even go into the Capitol on Jan. 6, 2021. All he did was give a speech - in which he called upon his support to "peacefully and patriotically" protest the 2020 election results - and was try to put together a slate of alternate electors.

Trump and his legal team are paying close attention to the Fischer case because of the fact that it could have a huge impact on the Biden administration's prosecution of him.

NBC News reports that "Trump has cited the Fischer case, including in his most recent filing at the Supreme Court concerning his bid to obtain presidential immunity for his actions seeking to overturn the election results."

The Fischer case is definitely a case that we should all keep our eyes on.

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Thomas Jefferson
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