Template of an appellate brief in support of the Petitioner in the case. Petitioner participated in the riot at the capitol on January 6. He is accused of obstructing an official proceeding of the federal government in violation of 18 U.S.C.sec.1512 (c)(2). Fischer claims that this statutory provision does not apply to the sort of conduct in which he engaged on January 6.

Fischer v. United States 23-5572

Joseph Fischer was charged, by indictment in separate cases with various offenses arising out of their alleged participation in the Capitol riot on January 6, 2021. Fischer allegedly belonged to the mob that forced Congress to stop its certification process. On January 6, 2021, he allegedly encouraged rioters to "charge" and "hold the line" and had a physical encounter with at least one law enforcement officer. Lang allegedly engaged in similar conduct. He was accused of fighting with police officers, repeatedly striking officers with a bat and using a stolen police shield as a weapon. Miller also allegedly participated in the events of January 6 and participated in the mob that stopped the certification process. The government charged Fischer, Lang, and Miller with violating severalfederal statutes including 18 U.S.C. 1512(c)(2). This provision reads as follows: (c) Whoever corruptly ( 1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object's integrity or availability for use in an official proceeding; or (2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so shall be fined under this title or imprisoned not more than 20 years or both The three defendants moved to dismiss the charges resting upon this provision. The federal District Court granted this motion after examining the text and structure of this provision and considering the canons of statutory constructionFischer v. United States/23-5573 as established by judicial precedent. The Court of Appeals for the District of Columbia reversed. The Supreme Court granted review of the following question: Whether the U.S. Court of Appeals for the District of Columbia Circuit erred in construing 18 U.S.C. l 512(c)(2), which prohibits obstruction of congressional inquiries and investigations, to include acts unrelated to investigations and evidence, Opinion below: 64 F.4th 329 (D.C. Cir. 2023).