Today, America First Legal (AFL) and Boyden Gray PLLC have filed a brief in the Supreme Court of the United States on behalf of Senator Tom Cotton, Representative Jim Jordan, and 21 other Members of Congress in support of Joseph W. Fischer. Mr. Fischer has been subjected to a weaponized criminal prosecution by the Biden Administration for an alleged violation of 18 U.S.C. § 1512(c)(2).
The case against Mr. Fischer stems from his alleged participation in events at the U.S. Capitol building on January 6, 2021. He has been charged with a violation of 18 U.S.C. § 1512(c)(2), a statute that criminalizes obstruction of official proceedings and carries a maximum 20-year prison sentence. This statute, which was passed in the wake of the Enron scandal, has become a tool for the Biden Administration to target its perceived political opponents.
In their brief, AFL and Boyden Gray PLLC argue against the weaponized and targeted use of this criminal statute for conduct related to January 6th. They highlight the fact that Section 1512(c)(2) is buried in a statute that primarily deals with the destruction or interference with documents and court records, and it has never been used outside of that context. However, the U.S. Department of Justice (DOJ) has used the risk of serious prison time imposed by this statute to compel January 6 defendants to plead guilty, including indicting former President Trump, despite his absence at the Capitol on that day.
Gene Hamilton, America First Legal Vice President and General Counsel, expressed his concerns about the Biden Administration's use of this statute. He stated, "The Biden Administration’s weaponization of a white-collar crime statute–passed in the aftermath of the Enron accounting scandal–to pursue politically-charged prosecutions against American citizens is the perfect example of what happens when radicals occupy the Department of Justice. There is no justification for this unprecedented power-grab, which is being used to destroy the lives of Americans across the country. Unless the Supreme Court puts an end to this abuse, the Biden Administration will continue its unrighteous crusade."
This filing by AFL and Boyden Gray PLLC is an effort to challenge the Biden Administration's use of Section 1512(c)(2) and to seek justice for Joseph W. Fischer. With the support of Senator Cotton, Representative Jordan, and several other Members of Congress, they aim to bring attention to the potential misuse of the criminal justice system for political purposes. The Supreme Court's decision on this case will have significant implications for future prosecutions related to the events of January 6, 2021.