The United States Supreme Court is currently hearing arguments in the case of Fischer v. US, which has the potential to lessen criminal charges against over 350 Trump supporters involved in the US Capitol protest on January 6, 2021.
The Department of Injustice (DOJ) is utilizing a law known as “obstructing a Congressional proceeding” to prosecute many of these protestors for simply exercising their First Amendment rights.
This law carries a severe penalty of up to 20 years in prison.
CNN has highlighted that this case could also impact former President Donald Trump, who was accused by special counsel Jack Smith of violating his First Amendment rights during the events of that day.
Justice Neil Gorsuch stole the spotlight with a powerful critique of the Department of Justice’s case against the nonviolent J6 protesters.
Gorsuch emphasized that while the Trump supporters were exercising their right to free speech, leftist individuals had committed actual felonies that the Biden administration had overlooked.
Gorsuch highlighted several instances involving left-wing figures, such as unlawful sit-ins during the Brett Kavanaugh hearing in 2018, Rep. Jamaal Bowman pulling a fire alarm during a critical vote, hecklers disrupting the State of the Union address, and “mostly peaceful” protests turning into riots by groups like BLM.
In questioning Solicitor General Elizabeth Prelogar, Gorsuch raised whether these actions warranted 20 years in prison.
Prelogar attempted to deflect by arguing that the DOJ needed to prove “corrupt intent” and whether the disruptions were significant enough.
Gorsuch pointed out that all these incidents met the necessary criteria for prosecution, implying that leftists like Bowman should have faced prison time.
However, Prelogar struggled to provide satisfactory answers under Gorsuch’s scrutiny.
Supreme Court Justice Gorsuch nukes Joe Biden's DOJ over January 6th sentences:
Gorsuch lists multiple cases of folks who "obstructed a Congressional proceeding" without receiving a 20 year sentence.
1. Sit-ins at a trial (Kavanaugh protests)
2. Pulling a fire alarm (Rep.… pic.twitter.com/DWETkzi7JI— End Wokeness (@EndWokeness) April 16, 2024
Gorsuch was having none of Prelogar’s nonsensical spinning and pushed back. “We went around that tree yesterday,” he told her.
He then pinpointed the most asinine part of her statement. “So a mostly peaceful protest that disrupts an official proceeding for an indefinite period would not be covered?”
Prelogar attempted to resurrect the “intent” argument, but Gorsuch ultimately silenced her.
Former Pennsylvania police officer Joseph Fischer, who participated in the J6 protests, brought the case to the Supreme Court.
His legal team highlights that Fischer spent less than four minutes inside the building and moved less than 25 feet.
Contrarily, DOJ prosecutors argue that Fischer warned his police chief about potential violence and texted about dragging Democrats into the street for a “mob trial.”
Fischer was indicted on seven counts in March 2021, including civil disorder and assaulting officers, following the attack.
Facing a possible 20-year prison sentence, only the obstruction charge is being considered by the Supreme Court.
A favorable ruling for Fischer may help rectify some of the injustices suffered by many of the protesters.
ICYMI: Supreme Court To Rule on January 6 Obstruction Charges That Could Impact President Trump
