On Friday, in a 6-3 decision, the Supreme Court ruled in favor of January 6 defendant Joseph Fischer, who challenged the novel use of the Justice Department’s Obstruction of Congress charge. So-called conservative justice and Trump appointee Amy Coney Barrett wrote the dissent and was joined by two liberals on the court, Justices Elena Kagan and Sonia Sotomayor.
The case and subsequent ruling have been covered extensively at RedState.
Fischer was argued before the Supreme Court in April; I wrote:
At the heart of the legal debate is the interpretation of the law’s provisions. The 2002 legislation intended to address a gap in federal law that criminalized persuading others to destroy records relevant to investigations or official proceedings but did not address the individual themselves destroying such evidence.
The law has a two-part provision, and Fischer’s lawyers argue that…
