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The Supreme Court on Tuesday heard oral arguments on whether part of an obstruction law can be used to prosecute hundreds of defendants involved in the Jan. 6, 2021, riot at the U.S. Capitol, a case that also has implications for former President Donald Trump.
Former Pennsylvania police officer Joseph Fischer is appealing a lower court’s ruling denying his bid to evade a federal charge of corruptly obstructing an official proceeding, or more specifically, the congressional certification of President Joe Biden’s victory over Trump that prompted thousands of protesters to descend on the Capitol three years ago.
The nine justices on Tuesday appeared divided along ideological lines, with a majority appearing wary of siding completely with the Biden Justice Department.
The report explains that the Justice Department has applied a provision from the 2002 Sarbanes-Oxley Act — passed following the fraud scandal at now-defunct energy company Enron — to Fischer’s case, which declares it a crime for anyone who “otherwise obstructs, influences, or impedes any official proceeding.”
The provision carries a maximum imprisonment of 20 years.
The six Republican-appointed justices are expressing doubt about the case, and Justice Neil Gorsuch drew other comparisons to “obstruction” incidents, such as pro-Palestinian protest that blocks the Golden Gate Bridge, a sit-in that disrupts a trial or someone pulling a fire alarm to delay a congressional vote, asking if those incidents would also qualify for a 20-year prison sentence.
Justice Clarence Thomas asked, “There have been many violent protests that have interfered with proceedings. Has the government applied this provision to other protests in the past?”
Supreme Court Majority Appears Leery of Biden DOJ in major Jan. 6 case. AFTER WATCHING BLM AND ANTIFA BURN CITIES DOWN AND BEAT PEOPLE AND NOT GO TO JAIL WELL YEAH WE’RE ALL LEERY. LOCK AND LOAD. https://t.co/D9TIUJoMw0 via @dcexaminer
— Daniel Thornton (@Panamadan61) April 16, 2024
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