FILE - In this Jan. 6, 2021 file photo insurrectionists loyal to President Donald Trump riot outside the Capitol in Washington.
The decision could be used as fodder for claims by Trump and his Republican allies that the Justice Department has treated the Capitol riot defendants unfairly. Fischer is among about 350 people who have been charged with obstruction. Some pleaded guilty to or were convicted of lesser charges. Most lower court judges who have weighed in have allowed the charge to stand. Among them, U.S. District Judge Dabney Friedrich, a Trump appointee, wrote that "statutes often reach beyond the principal evil that animated them."
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