The Court’s decision could potentially undermine over 300 January 6 prosecutions, including Trump’s.

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 “might get violent,” and he allegedly wrote that “they should storm the capital and drag all the democrates [sic] into the street and have a mob trial.”

When the day of the insurrection came, Fischer allegedly yelled “Charge!” before running and crashing into a line of police inside the Capitol. The Justice Department says that video footage “shows at least one police officer on the ground after [Fischer’s] assault.” Fischer was only in the Capitol for four minutes, according to the DOJ, before he was “forcibly removed.”

Fischer was arrested after the FBI identified him based on a video he posted on 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 the Supreme Court, in a case called Fischer v. United States.

The Supreme Court will hear this case next month.

  • hperrin@lemmy.world
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    8 months ago

    And let me guess, the seditionist’s husband is not going to recuse himself.

  • Professorozone@lemmy.world
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    8 months ago

    I think I’m missing something. So the insurrectionists, yell “charge” as if in battle and say to pull all the Democrats out into the street and have a mob trial, but what they’re being charged with is interfering with a government proceeding? Like that’s the only thing wrong here?

    • Ajen@sh.itjust.works
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      8 months ago

      You’re missing something. He’s being charged with breaking multiple laws, not just “interfering with a government proceeding.”

      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.

      But only one of those charges is being contested. The Supreme Court gets to decide if he’ll be tried on that charge, but it sounds like he’ll 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?

  • Snapz@lemmy.world
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    8 months ago

    The corrupt trump judge’s reading of the statute in focus here is such overly-obvious bullshit. Also, not even his reading I’m sure (did someone follow the paper trail that shows how the federalist society likely fed him his “thoughts” on this to pave the path to the conflict of interest laden Supreme Court?

    This is serious, but none of it is sincere. 250 years to fully confront the fact that the US founding principles of government are built on “gentlemen’s agreements” and an assumption of minimum level of real/performative integrity (and a fear of tarnished legacy after death) - our way of government is helpless if those core assumptions aren’t in place. Now we’re just left here to watch an obvious slow moving train intentionally crushing line after line of school children and ultimately headed towards a cliff.

    Plenty of warning time, but nobody can move the children or stop the train.

  • BrianTheeBiscuiteer@lemmy.world
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    8 months ago

    It would suck if he got off (and many others by association) but is this the only charge levied against him? They should’ve got him on trespassing, inciting a riot, and possibly vandalism. I would hope those things combined would be at least a 5 year sentence.

  • xkillx@kbin.social
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    8 months ago

    I think it is funny that this image keeps getting used. The dude in blue being Jon Schaffer from the band Iced Earth.