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June 30, 2024

Reviewing some reviews of the impact of SCOTUS Fischer ruling on Jan 6 prosecutions

I have already seen a handful of notable discussions of how the Supreme Court's limiting interpretation of a federal obstruction statute in Fischer v. US, No. 23-55 (S. Ct. June 28, 2024) (available here), may impact a host of federal prosecutions emerging from the January 6 riot at the US Capitol.  Here is just a partial round-up of some of these pieces:

From CBS News, "How will the Supreme Court's Fischer ruling impact Jan. 6 cases?"

From The Independent, "‘The decision will not have tremendous significance’: Why SCOTUS’ Jan. 6 ruling will only impact a handful of rioters"

From Just Security, "The Limited Effects of Fischer: DOJ Data Reveals Supreme Court’s Narrowing of Jan. 6th Obstruction Charges Will Have Minimal Impact"

From the Washington Post, "What’s next for the Jan. 6 riot probe after Supreme Court ruling?"

The Just Security piece authored by Ryan Goodman, Mary B. McCord and Andrew Weissmann provides the most extensive and intricate analysis of Fischer's likely impact on Jan 6 defendants. Here is part of the start of its analysis near the start of the piece: 

The upshot is that the decision means little in terms of the pending charges against former President Donald Trump.  It means potentially more to a subset of the January 6th defendants who were charged under this statute, who comprise only a fraction -– 24% -– of the existing January 6th defendants.  And even within that 24%, in the great majority of cases that have resulted in a guilty verdict (by plea or after trial) for a 1512(c)(2) offense, the defendant was also found guilty of one or more other felonies (62%).  Further, as to the 71 defendants who have been charged under Section 1512(c)(2) and are still awaiting trial, all of them are charged with crimes in addition to 1512(c)(2), and a majority are charged with one or more other felonies.  A perfect illustration of this is the three defendants whose cases led to the Supreme Court taking up the 1512(c)(2) statutory interpretation issue: Joseph Fischer, Edward Lang, and Garrett Miller.  All three were charged with several other felonies including assaulting law enforcement officers. And even for the small percentage of defendants who may now be subject to resentencing post-Fischer, judges can still take into account the underlying conduct that formed the basis for the 1512(c)(2) violation.

June 30, 2024 at 12:37 PM | Permalink

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