on Tuesday heard oral arguments on whether part of an obstruction law can be used to prosecute hundreds of defendants involved in the Jan. 6, 2021, riot at the U.S.
Fischer’s attorney, Jeffrey Green, argued that the entire phrase deals with evidence tampering, a theory that George W. Bush appointee Justice Samuel Alito said might be “biting off more than you can chew.” Justice Clarence Thomas asked Prelogar whether the government had ever used the 2002 provision in this way before deploying it in the Jan. 6 cases.
But Justice Brett Kavanaugh, a Trump appointee and a key swing vote for the high court, questioned the government’s insistence on the necessity of using the obstruction charge by noting Fischer was charged with six other crimes related to the riot.
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