Fischer v. United States

Fischer v. United States
Supreme Court of the United States
Argued April 16, 2024 Decided June 28, 2024
Full case name	Joseph W. Fischer v. United States
Docket no.	23-5572
Argument	Oral argument
Case history
Prior	Dismissed charge of obstruction, 1:21-cr-234-CJN (D.D.C. 2022); reversed, 64 F.4th 329 (D.C. Cir. 2023)
Questions presented
Did the D.C. Circuit err in construing 18 U.S.C. § 1512(c) ("Witness, Victim, or Informant Tampering"), which prohibits obstruction of congressional inquiries and investigations, to include acts unrelated to investigations and evidence?[1]
Holding
To prove a violation of 18 U.S.C. § 1512(c), the Government must establish that the defendant impaired the availability or integrity for use in an official proceeding of records, documents, objects, or other things used in an official proceeding, or attempted to do so.
Court membership
Chief Justice John Roberts Associate Justices Clarence Thomas · Samuel Alito Sonia Sotomayor · Elena Kagan Neil Gorsuch · Brett Kavanaugh Amy Coney Barrett · Ketanji Brown Jackson
Case opinions
Majority	Roberts, joined by Thomas, Alito, Gorsuch, Kavanaugh, Jackson
Concurrence	Jackson
Dissent	Barrett, joined by Sotomayor, Kagan
Laws applied
Sarbanes-Oxley Act

January 6 United States Capitol attack
Timeline • Planning
Background
2020 presidential election and other causes 2020–21 presidential election protests 2021 Electoral College vote count (alternate electors) Attempts to overturn the election Democratic backsliding in the US QAnon Republican reactions to Donald Trump's claims of election fraud Social media use by Donald Trump Trumpism
Related groups and persons Ali Alexander Ray Epps Nick Fuentes Rudy Giuliani Jericho March Alex Jones Sedition Caucus Enrique Tarrio Donald Trump Donald Trump Jr.
Participants
Notable people Ashli Babbitt Joe Biggs Richard Barnett Jacob "QAnon Shaman" Chansley Derrick Evans Tim "Baked Alaska" Gionet Simone Gold Klete Keller Ethan Nordean Rick Saccone Jon Schaffer John Earle Sullivan
Organizations Boogaloo movement Groypers Oath Keepers Proud Boys Three Percenters
Law enforcement response Capitol Police Harry Dunn Eugene Goodman Brian Sicknick Howard Liebengood Steven Sund Department of Defense Michael C. Stenger Paul D. Irving Christopher C. Miller Ryan D. McCarthy Walter E. Piatt Charles A. Flynn Daniel Hokanson William J. Walker D.C. National Guard DC Muriel Bowser Robert Contee Michael Fanone Jeffrey L. Smith Virginia Ralph Northam
Aftermath
Biden inauguration 2021 inauguration week protests Security preparations
Investigations and charges Justice Department investigation Criminal proceedings list Fischer v. United States January 6 commission House Select Committee public hearings Smith special counsel investigation federal prosecution of Donald Trump
Corporate actions List of companies that halted political contributions Social media suspensions of Donald Trump permanent suspension Suspensions of other social media accounts shutdown of Parler Facebook
Reactions Domestic Antifa culpability conspiracy theory International
Impeachment and 2024 presidential election Second impeachment of Donald Trump trial Presidential eligibility of Donald Trump Trump v. Anderson
v t e

Fischer v. United States, (Docket No. 23-5572), was a United States Supreme Court case about the proper use of the felony charge of obstructing an official proceeding, established in the Sarbanes–Oxley Act, against participants in the January 6 United States Capitol attack. The Supreme Court ruled 6–3 in June 2024 that the charge only applied to tampering with physical evidence used in an official proceeding.