The United States Supreme Court has ruled that the Biden Department of Justice (DOJ) unlawfully used an obstruction statute from a 2002 financial crimes bill to prosecute over 350 of the January 6 Capitol riot defendants. According to the high court, the DOJ failed to demonstrate a sensible legal theory for applying 18 U.S. Code § 1512(c)(2) to the hundreds of January 6 cases.
“[T]he Government must establish that the defendant impaired the availability or integrity for use in an official proceeding of records, documents, objects, or as we earlier explained, other things used in the proceeding, or attempted to do so,” wrote Chief Justice John Roberts for the majority in Fisher v. United States. The National Pulse reported earlier this month that the Supreme Court appeared poised to rule in favor of Joseph W. Fisher, one of the Capitol riot defendants who challenged the obstruction charge.
In addition to impacting the January 6 prosecutions, the Supreme Court‘s ruling in Fischer also guts the core of Biden DOJ special prosecutor Jack Smith‘s Washington, D.C.-based prosecution of former President Donald Trump. Meanwhile, Smith’s two core charges are predicated on the obstruction provision in 18 U.S. Code § 1512(c)(2).
During oral arguments in April, Fischer’s attorneys argued the obstruction felony — a provision enacted by the Sarbanes-Oxley Act of 2002 in the wake of the Enron scandal — represents an abusive application of what was supposed to be a statute addressing document destruction in the course of committing a financial crime. U.S. District Judge Carl J. Nichols ruled in Fisher’s favor in March 2022, dismissing the obstruction charge against three of the January 6 defendants. But the federal D.C. Circuit Court of Appeals reversed Nichols’s ruling in a 2-1 decision in April 2023 — setting up the showdown at the U.S. Supreme Court.