Supreme Court Action Alters Course of Jan. 6 Defendant Sentencings

The high court’s recent agreement to review the controversial use of a felony obstruction charge in Jan. 6 cases is already upending some sentencings.

Thousands of supporters for then-President Donald Trump pack the Washington Mall for a rally in Washington, on Jan. 6, 2021. Joseph Prezioso/AFP via Getty Images

A recent Supreme Court decision to review a case called Fischer v. United States, which experts say could weaken prosecutors’ hand in hundreds of Jan. 6 cases, including former President Donald Trump’s, is already upending some defendant cases and sentencing proceedings.

In December 2023, the Supreme Court decided it would take up the appeal by Jan. 6 defendant Joseph W. Fisher of the Biden administration’s novel use of an Enron-era evidence-tampering law to prosecute hundreds of defendants for obstruction of Congress during the Jan. 6, 2021, Capitol breach.