Supreme Court to Hear Appeal in Fischer v. U.S., Potentially Impacting Criminal Prosecution of Former President Trump

The Supreme Court has agreed to hear an appeal from a man charged with offenses related to the Jan. 6, 2021, assault on the U.S. Capitol. The case, known as Fischer v. U.S., could have major implications for the criminal prosecution of former President Donald Trump, who has pleaded not guilty to the charges.

Joseph Fischer, the defendant in the case, is seeking to dismiss a charge accusing him of obstructing an official proceeding, namely the certification by Congress of President Joe Biden’s election victory. The Justice Department has charged more than 300 people under the obstruction statute in cases related to Jan. 6.

The Supreme Court’s decision to hear the case could have far-reaching impacts. The justices will consider the breadth of the federal obstruction law and whether it applies to the events of Jan. 6.

The case is expected to be argued in the fall, with a decision likely to come in the spring of 2022. It is unclear how the Supreme Court’s decision will affect the criminal prosecution of former President Trump. However, the outcome of the case could have major implications for the future of the obstruction statute and the prosecution of those charged in connection with the Jan. 6 assault.