The Supreme Court questioned the legal approach prosecutors used to charge Jan. 6 rioters
The conservative majority of the Supreme Court yesterday questioned whether the legal approach used by prosecutors to indict hundreds—including former President Donald Trump—who participated in the January 6, 2021, attack at the Capitol is excessive.
At the center is former police officer Joseph Fischer, charged with seven offenses, including a felony count of obstructing an official proceeding for entering Capitol Hill.
Fischer argues the obstruction statute used against him is broad. It was formed during the legal proceedings of the 2002 Enron financial scandal and is ideally a corporate governance law that viewed the destruction of documents as an obstruction to justice.
What do the justices think?
SCOTUS’s conservative and liberal justices appear divided during arguments on the case, with some questioning the broad application of the law and others expressing concerns about its potential impact on peaceful protests.
If Fischer prevails, it could impact charges against Trump in similar cases. It may also affect over 300 defendants, including leaders of extremist groups. The decision is expected by late June.