DC Federal Judge Dismisses Junk Felony Obstruction Charge Against Jan. 6 Protester Who Has Been Rotting in Prison for a Year
DC Judge drops bogus felony obstruction charges against Jan. 6 protesters Joseph Fischer, a North Cornwall Township Police Department employee.
Joseph Fischer was charged with several BS charges by the DOJ for walking into the US Capitol on January 6, including: Civil Disorder Assaulting, Resisting, or Impeding Certain Officers and Aiding and Abetting Obstruction of an Official Proceeding and Aiding and Abetting Entering and Remaining in a Restricted Building or Grounds Disorderly and Disruptive Conduct in a Restricted Building or Grounds Disorderly Conduct in a Capitol Building Parading, Demonstrating, or Picketing in a Capitol Building
Judge Carl Nichols has for a second time dismissed the charge of obstructing an offiical proceeding in a Jan. 6 case — he found defendant Joseph Fischer’s alleged conduct didn’t fall w/in a narrower reading of the statute he’d embraced in a prev. decision https://t.co/mLXYa3t6gK pic.twitter.com/1jo6EaKe6v
— Zoe Tillman (@ZoeTillman) March 16, 2022
Here is a video of Fischer on January 6. He was smiling in his photos — not exactly a dangerous terrorist they paint him out to be.
Just The News reported:
A federal judge has dismissed a felony obstruction charge alleging a participant in Jan. 6 Capitol riot attempted to prevent the certification of the 2020 Electoral College results.
The ruling Tuesday by U.S. District Judge for the D.C. Circuit Carl J. Nichols, a Trump administration appointee, marks the second time in eight days the judge has issued such a dismissal.
Nichols ruled in the case against Joseph Fischer, who works for the North Cornwall Township Police Department in Pennsylvania, that the obstruction charge does not stand.
“Nothing in Count Three (or the superseding indictment generally) alleges, let alone implies, that Fischer took some action with respect to a document, record, or other object in order to corruptly obstruct, impede or influence Congress’s certification of the electoral vote,” the judge wrote in a 10-page ruling. “The Court will therefore grant Fischer’s motion to dismiss Count Three.”
The subsection of the U.S. Code under which Fischer was initially charged is designed to prevent tampering or destruction of documents and records, not an alleged attempt at derailing the certification of the Electoral College.
Nichols on March 7 threw out the same charge in the case against Garrett Miller, of Texas, who faces 11 additional charges related to January 6.