The Supreme Court ordered a new review of the law behind obstruction charges filed against hundreds of defendants in the Capitol attack on Jan. 6, 2021 − including former President Donald Trump.
The 6-3 decision in Fischer v United States was highly anticipated because one-fourth of the defendants – 350 of the first 1,350 people prosecuted in the riot – were charged with obstruction. Two of four charges against Trump in his federal election interference case are based on the law.
The high court sent the case back to the D.C. Circuit Court of Appeals, which had ruled that the obstruction law did apply to Jan. 6, to review it again.
"Prosecutors have to prove that the defendant impaired the availability or integrity for use in an official proceeding of records, documents, objects or other things used in an office proceeding, or attempted to do so,” Chief Justice John Roberts wrote for Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Ketanji Brown Jackson.
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