United States v. Fischer

United States v. Fischer is a 2-1 decision by the D.C. Circuit upholding sweeping, unprecedented indictments against rally attendees at the J6 Capitol protests. This decision even reversed a district court decision narrowing the indictments:

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The question raised in this case is whether individuals who allegedly assaulted law enforcement officers while participating in the Capitol riot can be charged with corruptly obstructing, influencing, or impeding an official proceeding, in violation of 18 U.S.C. § 1512(c)(2). The district court held that the statute does not apply to assaultive conduct, committed in furtherance of an attempt to stop Congress from performing a constitutionally required duty. We disagree and reverse.

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United States v. Fischer, Nos. 22-3038, Consolidated with 22-3039, 22-3041, 2023 U.S. App. LEXIS 8284, at *2 (D.C. Cir. Apr. 7, 2023).