Joseph Fischer and others were charged with crimes for their actions in the riot at the US Capitol Building on 6 January 2021 as Congress was tallying electoral votes, including a criminal charge for violating 18 U.S.C. § 1512(c) that concerns obstruction of congressional inquiries and investigations (SCOTUSblog). The District Court dismissed the charges made under 1512(c) against various defendants, deciding that the statute does not apply to the circumstances in the case (Casetext - US v. Miller (DC Circuit Court of Appeals), Lawfare). The DC Court of Appeals reversed the District Court, and the Supreme Court agreed to hear the case (Lawfare, CBS News). The Supreme Court is expected to hand down its decision in its 2023 term, but if it does not, the question will close as "No." If the Court decides this case without addressing this question's particular issue of law, the question will close as "No." Any Supreme Court disposition of a case involving Edward Lang or Garret Miller will be immaterial.

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The question closed "Yes" with a closing date of 28 June 2024.

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