As the Supreme Court prepares to issue a ruling in a significant case concerning the Biden administration’s politicized Jan. 6 prosecutions, several already-convicted defendants are being released before the completion of their sentences. In Fischer v. United States, the court is considering whether the Department of Justice (DOJ) can prosecute Jan. 6 protestors under a statute initially enacted to address the fallout of the infamous Enron scandal. That statute was designed to punish the obstruction of official proceedings by making it illegal to destroy evidence during federal investigations.

Recent judicial orders have allowed for the early release of several individuals convicted under this statute, pending an appeal that questions whether it can apply to ordinary political protests. Among those released are a Delaware man who was photographed carrying a Confederate flag into the Capitol and an Ohio man who breached police lines.

Some Jan. 6 defendants win early release ahead of key Supreme Court decision https://t.co/4x1CtZjQ6T

— John Solomon (@jsolomonReports) April 10, 2024

U.S. District Judge Carl Nichols, appointed by President Trump, has raised concerns over the statute’s relevance to the Jan. 6 events. Sitting on the district court for the District of Columbia, Judge Nichols has directly suggested the law requires an interpretation far too narrow to ensnare most Jan. 6 protestors. Many of the defendants have argued that even if they were present in an area where they technically should not have been, there is no legitimate way their behavior could be considered “official obstruction” as defined in federal law.

The implications of the Supreme Court’s impending decision will directly affect most of the Jan. 6 defendants as well as President Donald Trump in his defense of Special Counsel Jack Smith’s politicized prosecution. More than 1,350 individuals have been indicted in connection with the protests, with charges ranging from misdemeanors to violent felonies. A ruling in the Fischer case is expected by late June or early July.  

Of course, the Democrat Party and the Biden campaign have decided to make Jan. 6 a centerpiece of their 2024 campaign strategy. In that they cannot point to their disastrous performance on the issues that actually matter to Americans, such as the economy, inflation, border security and law enforcement, they have decided their only path is to criticize President Trump and millions of America First citizens as “imminent dangers” and little more than domestic terrorists. 

If the Supreme Court delivers a fatal blow to the dubious legal claims in the Jan. 6 cases in Fischer, Democrats may be left with little of value to rely on before the election. Of course, Trump supporters and the America First movement must be prepared to campaign even harder in that event.