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IPFS News Link • Courtroom and Trials
A Supreme Court Win Is In The Cards For Jan. 6 Defendants, Lawyers Predict
• https://www.zerohedge.com, by Matthew VadumIf the top court finds an Enron-era obstruction law—18 U.S. Code Section 1512(c)—is being used improperly against the defendants, their charges are likely to be thrown out.
At issue is the evidence-tampering provision that appears in the Corporate and Criminal Fraud Accountability Act of 2002, which was part of the Sarbanes-Oxley Act aimed at curbing wrongdoing on Wall Street.
President Trump was indicted under the same federal statute and also stands to benefit if the Supreme Court rules in favor of the defendant, sources told The Epoch Times.
Former police officer Joseph W. Fischer of Jonestown, Pennsylvania, is the main defendant in the case that revolves around protesting the impending congressional certification of the 2020 presidential election results at the U.S. Capitol.
Mr. Fischer was indicted two months after the Jan. 6 breach for obstructing an official proceeding; civil disorder; assaulting, resisting, or impeding officers; entering and remaining in a restricted building or grounds; disorderly and disruptive conduct in a restricted building or grounds; disorderly conduct; and parading, demonstrating, or picketing in a Capitol building.
He entered not guilty pleas to the charges.
The Supreme Court agreed on Dec. 13, 2023, to hear Fischer v. United States but oral arguments have not yet been scheduled.
Some defendants who arrived at the Capitol after Congress was evacuated on Jan. 6 were also charged with obstructing an official proceeding—the joint session of Congress that convened to count Electoral College votes and hear objections from lawmakers.
Several defendants have argued unsuccessfully at trial that they couldn't have obstructed Congress because they weren't present in the Capitol until after lawmakers left the complex.