The issue under consideration in Fischer v. United States is whether proof of merely entering the Capitol Building on Jan. 6, 2021, is enough to support a finding of obstruction of an official proceeding.
The U.S. Supreme Court heard oral arguments this week in a case that could lead to the dismissal of charges against hundreds of January 6 defendants, and may even do the same in one of the cases filed against former President Trump.
That charge was dismissed by the district court, but was reinstated by the circuit court on appeal. Observers concluded that court members were divided on the issue, and some of the questions they asked lawyers spoke volumes — especially those presented by Justice Neil Gorsuch. "Would a sit-in that disrupts a trial or access to a federal courthouse qualify? Would a heckler at today's audience qualify, or a heckler at the State of the Union address?" Gorsuch continued."Would pulling a fire alarm before a vote qualify for 20 years in federal prison?"
"The court’s decision in Fischer’s case could affect charges against more than 300 other Jan. 6 defendants," she said. Howe noted that the Fischer decision "could also affect the proceedings in the case brought by Special Counsel Jack Smith against former President Donald Trump in a federal court in Washington, D.C.""If they side with the defense here, it guts Jack Smith’s DC case against Trump. Huge huge import," she tweeted.
Trump headed uptown Tuesday for an impromptu appearance in Harlem and was mobbed in the street by a crowd that included children, chanting "we love Trump!"The next day President Biden attempted to duplicate Trump’s success and made a surprise visit at a Pennsylvania gas station. He arrived with a huge entourage of aides and a cameraman to record all the excitement.He was embarrassingly ignored by everyone there.
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