How could the Supreme Court's Fischer v. US case impact the other Jan 6. trials including Trump's?
A former Pennsylvania cop might hold the key to a major upheaval in how the courts treat the Capitol riot — and its alleged instigator


There is little question that Joseph Fischer was present for, and to some degree participated in, the Jan. 6 Capitol riot in Washington, D.C., in 2021. By his own attorney's admission, Fischer entered the Capitol complex and "pushed his way through the crowd — to about 20 feet inside the building" before he was pepper sprayed and ultimately exited the premises. Fischer not only yelled "charge" toward a phalanx of Metropolitan Police Department officers protecting the building, said federal investigators, but urged fellow rioters to "hold the line" and seemingly identified himself as "a cop, too" during a brief melee with members of the MPD. Prosecutors allege he also claimed he wanted to take Democratic lawmakers "to the gallows," texting an acquaintance that they "can't vote if they can't breathe."
Just over a month later, Fischer was arrested by the FBI and suspended from his job as a North Cornwall Township Police Department patrolman. He now faces a host of criminal charges including assaulting a police officer, disorderly conduct, and, crucially: obstructing a congressional proceeding. That is one of the same charges brought by Special Counsel Jack Smith against former President Donald Trump for allegedly working to subvert the results of the 2020 election. But all that could change after the Supreme Court this week heard arguments to waive Fischer's obstruction charge on the grounds that the law in question had been improperly applied in this case, and potentially hundreds of similar Jan. 6-related cases — including Trump's.
What did the commentators say?
The obstruction charges against Fischer were initially rejected by a district judge who "concluded that the provision only applies to evidence tampering that obstructs an official proceeding," SCOTUSBlog said. Those charges were reinstated by a federal appeal court, after which the Supreme Court agreed to hear the case.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Tuesday's oral arguments marked the first time the Supreme Court had addressed "fallout from the Jan. 6 attack head-on," CBS News said. Solicitor General Elizabeth Prelogar argued on behalf of the government to "remind the justices of the unprecedented nature" of the insurrection. Fischer's case is nevertheless a "sleeping giant" that could "knock out half of Smith's counts against Trump," as well as those against people already convicted for participating on Jan. 6, Politico said. Should the court rule in Fischer's favor, "chaos will erupt," Esquire said, with "dozens of cases overturned and/or not brought to trial at all." Trump, meanwhile, will "try to sell the fact that the dismissal of two charges means his whole bill of indictment is wiped clean."
In the past, the majority-conservative court has been "skeptical of prosecutors when they assert broad applications of criminal provisions" like the government's interpretation of the obstruction charge in question, NBC News said. Conversely, a "broader reading of the statute would appear to be what Congress intended," Politico said, quoting several Republican lawmakers who had previously referred to the statute as being intended to include "other forms of obstruction of justice" beyond its origins in the 2001 Enron scandal. Still, after Tuesday's arguments, the "government's approach appeared vulnerable to being rejected," The Wall Street Journal said, even though it is "far from certain" whether a win for Fischer would ultimately benefit Trump. It's possible "there's a world in which the decision could come down in a way that benefits Fischer but not former President Trump," one legal expert who spoke with the paper explained.
What next?
The court is expected to issue its ruling in July when its term ends. No matter how the case is decided, Special Counsel Smith has "indicated [...] the charges against Trump would survive" NPR said, as Trump's alleged behavior is more directly tied to a narrower reading of the statute in question. Because Smith's indictments were "based on the fake slate of electors the former president attempted to have submitted to Congress" and not the Jan. 6 riot itself, " his case against Trump "may still stick even if Fischer wins his case," CNN said.
Should the obstruction charges be dismissed, it might not matter regardless, since several others of Smith's charges "overlap almost entirely with the accusations in the obstruction counts," The New York Times said, calling it a "layer of redundancy to the indictment."
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Rafi Schwartz has worked as a politics writer at The Week since 2022, where he covers elections, Congress and the White House. He was previously a contributing writer with Mic focusing largely on politics, a senior writer with Splinter News, a staff writer for Fusion's news lab, and the managing editor of Heeb Magazine, a Jewish life and culture publication. Rafi's work has appeared in Rolling Stone, GOOD and The Forward, among others.
-
Nashville dining: Far more than barbecue and hot chicken
Feature A modern approach to fine-dining, a daily-changing menu, and more
-
Music Reviews: Coco Jones and Viagra Boys
Feature "Why Not More?" and "Viagr Aboys"
-
Visa wants to let AI make credit card purchases for you
The Explainer The program will allow you to set a budget and let AI learn from your shopping preferences
-
Carney and Trump come face-to-face as bilateral tensions mount
IN THE SPOTLIGHT For his first sit-down with an unpredictable frenemy, the Canadian prime minister elected on a wave of anti-Trump sentiment tried for an awkward detente
-
Supreme Court allows transgender troop ban
speed read The US Supreme Court will let the Trump administration begin executing its ban on transgender military service members
-
Another messaging app used by the White House is in hot water
The Explainer TeleMessage was seen being used by former National Security Adviser Mike Waltz
-
How does the Alien Enemies Act work?
Feature President Trump is using a long-dormant law to deport Venezuelans. How does it work?
-
Baby bonus: Can Trump boost the birth rate?
Feature The Trump administration is encouraging Americans to have more babies while also cutting funding for maternal and postpartum care
-
Hollywood confounded by Trump's film tariff idea
speed read President Trump proposed a '100% tariff' on movies 'produced in foreign lands'
-
Trump offers migrants $1,000 to 'self-deport'
speed read The Department of Homeland Security says undocumented immigrants can leave the US in a more 'dignified way'
-
Deportations ensnare migrant families, U.S. citizens
Feature Trump's deportation crackdown is sweeping up more than just immigrants as ICE targets citizens, judges and nursing mothers