WASHINGTON – The Supreme Court of the United States is set to weigh in on Joseph Fischer v. United States, a critical case challenging the Biden administration’s interpretation of Section 1512(c)(2) of the Corporate Fraud Accountability Act of 2002, which was originally established in the aftermath of the Enron scandal to address financial crimes cases and evidence tampering. This administration’s interpretation of Section 1512(c)(2) has brought cases against more than 300 individuals who participated in the January 6th riot at the United States Capitol, claiming they obstructed an official government proceeding.
U.S. Senator Kevin Cramer (R-ND) joined U.S. Senator Tom Cotton (R-AR) in filing an amicus brief in Joseph Fischer v. United States, arguing the administration’s application of Section 1512(c)(2) infringes on First Amendment rights and sets a standard of politicizing prosecutions. The senators explain the majority’s opinion criminalizes political conduct and grants the Department of Justice discretion to prosecute Americans based on their political beliefs.
Additionally, the amicus brief emphasizes the need for the Court to institute standard principles of interpretation, which would narrow the scope of Section 1512(c)(2) and eliminate “highly-politicized and high-stakes criminal prosecutions of perceived political opponents.”
“Amici also have a strong interest in ensuring that courts properly apply canons of construction that Congress relies on for certainty as to the effect of legislation in its drafting and enacting of public laws. The decision by the D.C. Circuit below, however, failed to properly apply those canons and thereby expanded Section 1512(c) beyond its permissible meaning. If allowed to stand, the lower court’s decision will only reward and incentivize politically motivated uses of ill-fitting criminal statutes with harsh penalties,” the amicus brief states.
“The government has not hesitated to use Section 1512(c)(2). More than 332 January 6 defendants have been charged by the government with violations of Section 1512(c)(2),” the amicus brief continued. “The government has gone after hundreds of perceived violations of Section 1512(c)(2)—ranging from January 6 defendants, up to former President Trump himself—except when it involves someone whose political views align with the current administration’s. Selective prosecutions are entirely predictable when courts interpret a harsh criminal statute far too broadly, especially when that expanded scope covers the political process.”
Click here for the amicus brief.