Supreme Court Justices Appear Skeptical Of Biden DOJ’s Broad Use Of Statute To Charge Jan. 6 Defendants

A majority of Supreme Court justices appeared skeptical Tuesday of the government’s broad reading of a statute used to charge hundreds of Jan. 6 defendants, as well as former President Donald trump.

Joseph Fischer, the defendant in the case Fischer v. United States, argued that the statute he was charged under, Section 1512(c)(2), was expanded beyond its intended purpose of targeting crimes of evidence tampering. Multiple conservative justices pressed Solicitor General Elizabeth Prelogar on whether the government’s interpretation of the statute, which enabled it to charge Fischer and others for obstructing Congress’ certification of the 2020 election, would sweep in a range of other protest activities.

“Would a sit in that disrupts a trial or access to a federal courthouse qualify?” Justice Neil Gorsuch asked. “Would a heckler in today’s audience qualify or at the State of the Union address?”

The statue threatens to levy up to 20 years in prison against anyone who corruptly “obstructs, influences, or impedes any official proceeding.”