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Supreme Court Weighs J6 Case That Could Upend Hundreds Of Prosecutions

Jericho Steve, of Pennsylvania, a supporter of the January 6th defendants and former President Donald Trump, protests outside federal court, Wednesday, Aug. 30, 2023, in Washington, where sentencing had been expected for members of the far-right extremist group the Proud Boys, including former Proud Boys leader Enrique Tarrio and member Ethan Nordean who were convicted on charges of seditious conspiracy in the Jan. 6 attack. The sentencing was rescheduled to Sept. 5. (AP Photo/Jacquelyn Martin)

The Supreme Court will hear a case Tuesday that could have major implications for hundreds of Jan. 6 defendants — as well as special counsel Jack Smith’s prosecution of former President Donald Trump.

The case, Fischer v. United States, asks the Supreme Court to weigh the scope of an obstruction statute, Section 1512(c)(2), which penalizes anyone who corruptly “obstructs, influences, or impedes any official proceeding” with up to 20 years in prison. Joseph Fischer, who entered the Capitol on Jan. 6, argues that his prosecution under the law for obstructing Congress’ certification of the 2020 election was an “unprecedented expansion” of the statute.

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