Link to the Opinion of the Court and dissent in United States of America v Joseph. W. Fischer.
United States Circuit Judge Pan wrote for the panel, joined (except in one section and one footnote) by United States Circuit Judge Walker. United States Circuit Judge Katsas dissented.
United States District Judge Nichols was the only Judge of the United States District Court for the District of Columbia to dismiss obstruction charges, including against this defendant, finding them unconstitutional. The DC Circuit has reversed that judgement and restored the indictment against Fischer, who must now stand trial on the obstruction charge separately, having already been convicted of lesser charges.
I agree with the majority here. Judge Katsas’s dissent takes a tortured and unreasonably narrow reading of the statute. The other Trump judge however disagreed and agreed with the Biden judge, except on a couple of narrow points.
With this ruling, it appears that all pending obstruction charges will be upheld and all defendants charged with obstruction will be tried for obstruction.
Most likely the DC Circuit will either refuse to take this en banc or uphold this en banc.
And I seriously doubt the Supreme Court will step in until convictions have been reached and appeals of right have been completed, which will at a minimum take two years.
And even if they do take a case, I think the odds favor the Supreme Court upholding the obstruction charges.
