The U.S. Supreme Court will take up a Jan. 6 defendant’s appeal of the Department of Justice’s novel use of evidence-tampering law to prosecute hundreds of defendants for obstruction of Congress.
A miscellaneous order released by the High Court on Dec. 13 granted the petition of Joseph Wayne Fischer, challenging the most widely charged felony in Jan. 6 cases that carries up to 20 years in prison.
The Fischer case is one of three identical petitions for case review by Jan. 6 defendants who were charged with corruptly obstructing an official proceeding, namely a joint session of Congress convened for the counting and certification of Electoral College votes on Jan. 6, 2021.
The DOJ has charged nearly 330 defendants and former President Donald Trump with obstruction as of Dec. 6.
