Obstructing an Official Proceeding
Overview of Federal Law and the Jan. 6 Prosecutions
On June 28, 2024, the Supreme Court issued an opinion in Fischer v. United States, a case concerning whether a federal obstruction of justice statute covers a defendant’s alleged participation in the breach of the U.S. Capitol on Jan. 6, 2021. Federal prosecutors alleged that Joseph Fischer violated a number of federal criminal statutes including 18 U.S. Code Section 1512(c)(2), which authorizes felony penalties for a person who “corruptly … otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so.”
