Supreme Court Hears Case That Could Impact Felony Charges Against Jan. 6 Rioters, Trump

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Supreme Court Hears Case That Could Upend Felony Charges Against Jan. 6 Rioters, Trump

The Supreme Court is currently hearing arguments in a high-stakes case that could have significant implications for more than 300 individuals connected to the January 6, 2021, Capitol attack, including former President Donald Trump. The case, Fischer v. United States, centers around whether a federal law enacted in 2002 to prevent the cover-up of financial crimes can be used to prosecute individuals involved in the Capitol attack.

At the heart of the case is the Sarbanes-Oxley Act, which was passed in response to the Enron accounting scandal. The act criminalizes the destruction of evidence and anyone who obstructs or influences an official proceeding. The Justice Department has used this law to win convictions or guilty pleas against over 150 individuals involved in the events of January 6.

Joseph Fischer, a participant in the “Stop the Steal” rally on January 6, is one of the defendants challenging the use of the Sarbanes-Oxley Act. He argues that the government’s interpretation of the law is overly broad and unprecedented. Fischer believes that the “obstruction of an official proceeding” clause should only apply to the types of financial and evidentiary crimes the law was intended to target.

A district court judge initially sided with Fischer and dismissed the felony obstruction charge against him and several other alleged rioters. However, a divided appeals court panel later reversed that decision and reinstated the charges. Overall, 14 out of 15 federal judges who have overseen cases involving alleged Capitol rioters charged with obstruction of an official proceeding have allowed the use of the Sarbanes-Oxley Act.

If the Supreme Court rules in favor of Fischer, it could potentially impact dozens of January 6 prosecutions, leading to overturned convictions or reduced sentences. However, legal experts believe that the majority of cases involving violent felony charges or misdemeanor infractions like trespassing would not be affected. It’s important to note that the Supreme Court’s decision in this case would not directly impact the majority of January 6 cases.

Nevertheless, a ruling in favor of Fischer could significantly undermine the prosecution of former President Trump by Special Counsel Jack Smith. Two of the four counts in the federal indictment against Trump involve the Sarbanes-Oxley Act and alleged conspiracy to obstruct and actual obstruction of an official proceeding. This case is separate from another case in which the Supreme Court will decide whether Trump is immune from criminal prosecution for his alleged election interference.

The Supreme Court is expected to issue a ruling in both cases by the end of June. The outcome of these cases will have far-reaching implications for the legal consequences faced by individuals involved in the January 6 Capitol attack, as well as the potential prosecution of former President Trump.


The Supreme Court’s hearing of the Fischer v. United States case raises important questions about the use of the Sarbanes-Oxley Act in prosecuting individuals connected to the January 6 Capitol attack. The outcome of this case could have significant implications for the legal landscape surrounding the events of that day and the potential prosecution of former President Trump. As the Supreme Court deliberates, the nation waits for a ruling that could shape the future of these cases.

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