Supreme Court hears challenge to Jan. 6 obstruction charge

The justices on Tuesday heard oral arguments on whether participants in the January 6, 2021, riot at the Capitol should face charges under a law against obstructing an official proceeding.

What are the details of this case? Pennsylvania resident Joseph Fischer faces several charges related to the riot. He and his legal defense team are petitioning the Supreme Court to dismiss the obstruction charge, arguing that the Justice Department has misapplied the law. The statute was originally intended to prohibit tampering with or destroying evidence used in Congressional investigations, Fischer’s team argued in a written brief filed before Tuesday’s arguments. The Justice Department argued in its own legal brief that the statute applies to the obstruction of any proceeding before Congress—including the certification of election results.

Is there any greater significance to this case? Hundreds of Jan. 6 defendants have been charged under the same statute as Fischer. Former President Donald Trump also faces two charges related to obstruction of an official proceeding, according to his indictment. The court’s decision on whether the statute applies to the election certification process on January 6, 2021, could affect the Justice Department’s ability to prosecute Trump on those charges.

Dig deeper: Read Carolina Lumetta’s report in The Stew about how Republicans are rethinking mail-in voting due to concerns about election integrity.