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## Concerns Raised by Supreme Court Justices Regarding Obstruction Statute

WASHINGTON — On Tuesday, Supreme Court justices expressed apprehensions about the use of an obstruction statute by the Justice Department to charge individuals involved in the Jan. 6 attack on the U.S. Capitol. The case has potential implications for the prosecution of former President Donald Trump for election interference.

The justices listened to an appeal brought by defendant Joseph Fischer, a former police officer seeking to dismiss a charge of obstructing an official proceeding, specifically the certification of Joe Biden’s election victory disrupted by a mob of Trump supporters. The law in question criminalizes efforts to obstruct, influence, or impede any official proceeding, carrying a maximum prison sentence of up to 20 years.

The court’s 6-3 conservative majority has historically been wary of prosecutors’ broad applications of criminal provisions. During Tuesday’s arguments, some justices questioned whether the statute could be used to prosecute peaceful protesters, including those who have disrupted Supreme Court proceedings.

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Conservative Justice Neil Gorsuch and Justice Samuel Alito raised concerns about the statute’s scope, questioning its application to scenarios like disruptive sit-ins and heckling at official events. The discussion delved into the balance between free speech rights and criminal liability under the law.

Furthermore, the potential impact on Trump’s pending charges under the same law was highlighted during the proceedings. Fischer and Trump both argue that the obstruction law does not apply to their actions, challenging the basis for the charges against them.

Justice Clarence Thomas and other justices probed the necessity of utilizing the obstruction statute in Fischer’s case, particularly considering the additional charges he faces. The debate centered on whether the existing charges were sufficient to address the alleged offenses.

In conclusion, the Supreme Court’s deliberation on the obstruction statute’s application underscores the complexities surrounding legal interpretation and enforcement in cases of public disruption and obstruction of official proceedings.

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*Lawrence Hurley covers the Supreme Court for NBC News. Ryan J. Reilly is a justice reporter for NBC News.*

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