Keker, Van Nest & Peters partner Brook Dooley and associate Sara Fitzpatrick discuss the Supreme Court’s potential decision in Fischer v. U.S., a case pivotal in determining if a law created post-Enron scandal, primarily targeting white-collar crimes, can be applied to prosecute participants of the Jan. 6, 2021, U.S. Capitol riot. The case centers on whether individuals can be charged under a federal law prohibiting corrupt obstruction of official proceedings, specifically focusing on whether this law extends beyond evidence tampering.
Joseph Fischer is among more than 1,000 individuals charged in connection with the Jan. 6 riot. Prosecutors argue that he unlawfully entered the Capitol and obstructed police officers, charging him under Section 1512(c)(2) of Title 18 U.S. Code. This section, a component of the Sarbanes-Oxley Act, prohibits corrupt obstruction of official proceedings. Fischer successfully moved to dismiss the charge at the district court level, but the U.S. Court of Appeals for the District of Columbia Circuit overturned the decision on appeal.
Brook and Sara point out the significant implications the Supreme Court’s decision in Fischer v. U.S. will hold not only for Jan. 6 prosecutions, but also for potential charges against former President Donald Trump and the government’s ability to prosecute persons interfering with official proceedings. Hundreds of Jan. 6 defendants face charges under Section 1512(c)(2), with many cases hinging solely on this statute. Should the court favor Fischer's interpretation, prosecutions could face uncertainty. Additionally, the outcome may affect Trump's case, potentially allowing prosecution for other alleged offenses while limiting liability related to the Capitol riot.
Click here to read the full article.