The Courtās decision could potentially undermine over 300 January 6 prosecutions, including Trumpās.
According to the Justice Department, Joseph Fischer texted his boss before the January 6 insurrection to tell him that he might need to post bail. The accused insurrectionist also allegedly warned that the protest at the US Capitol āmight get violent,ā and he allegedly wrote that āthey should storm the capital and drag all the democrates [sic] into the street and have a mob trial.ā
When the day of the insurrection came,Ā Fischer allegedly yelled āCharge!āĀ before running and crashing into a line of police inside the Capitol. The Justice Department says that video footage āshows at least one police officer on the ground after [Fischerās] assault.ā Fischer was only in the Capitol for four minutes, according to the DOJ, before he was āforcibly removed.ā
Fischer was arrested after the FBI identified him based on a video he posted onĀ Facebook that showed him inside the Capitol on January 6.
More than three years later, however, Fischer has yet to be tried. The criminal proceeding against him has been tied up in appeals after a Trump-appointed trial judge ruled that one of the criminal laws Fischer is charged with violating must be read very narrowly. That ruling is now being reviewed by theĀ Supreme Court, in a case calledĀ Fischer v. United States.
The Supreme Court will hear this case next month.
I think Iām missing something. So the insurrectionists, yell āchargeā as if in battle and say to pull all the Democrats out into the street and have a mob trial, but what theyāre being charged with is interfering with a government proceeding? Like thatās the only thing wrong here?
Youāre missing something. Heās being charged with breaking multiple laws, not just āinterfering with a government proceeding.ā
But only one of those charges is being contested. The Supreme Court gets to decide if heāll be tried on that charge, but it sounds like heāll be tied on the other charges regardless of what the Supreme Court decides. The headline is sensational, but what else would you expect from Vox?
Copy that. Thanks. I did read the whole thing but must have missed that line. Or maybe dozed.
I donāt blame you, the article really overplayed that one charge. I bet they had great āengagement,ā though.