Fischer v. United States

Fischer v. United States concerns Joseph W. Fischer, a former Pennsylvania police officer charged in connection with the January 6, 2021 attack on the U.S. Capitol. He was indicted under 18 U.S.C. § 1512(c)(2), which makes it a crime to “otherwise obstruct, influence, or impede any official proceeding.” Fischer argued that the provision applies only to conduct involving records, documents, or objects because it follows subsection (c)(1), which targets evidence tampering. The district court dismissed the charge, but the D.C. Circuit reversed. The Supreme Court granted certiorari and, on June 28, 2024, in a 6–3 decision authored by Chief Justice Roberts, held that to prove a violation of §1512(c)(2), the government must show that the defendant impaired the availability or integrity of records, documents, objects, or other things used in an official proceeding, or attempted to do so. Because Fischer’s alleged conduct did not necessarily meet that standard, the Court vacated the appellate ruling and remanded for further proceedings.

The Supreme Court ruled 6–3 that 18 U.S.C. § 1512(c)(2) requires proof that the defendant acted to impair the availability or integrity of records, documents, objects, or other things used in an official proceeding, or attempted to do so. The Court vacated the D.C. Circuit’s judgment and remanded the case for further proceedings consistent with that interpretation.

Whether 18 U.S.C. § 1512(c)(2) broadly criminalizes all conduct that obstructs or impedes an official proceeding, or whether it is limited by the preceding subsection (c)(1) to conduct related to the impairment of records, documents, or other objects used in an official proceeding.

The decision significantly narrowed the use of the obstruction charge in January 6 prosecutions, affecting hundreds of pending and convicted cases. It prompted courts to revisit charges and sentences under §1512(c)(2), and sparked debate over the scope of federal obstruction statutes and potential legislative responses.