January 6 Defendants Shouldn’t Get Hopes Up for Fischer Decision

One of the big cases the Supreme Court will decide over the final two weeks of its term is Fischer v. United States. Fischer is a crucial test of a federal statute that has been deployed by the Department of Justice against January 6 defendants, including Donald Trump. The case has produced a fair amount of buzz, albeit less than what surrounds the Trump presidential-immunity case. I’ve previously criticized the disastrously bad strategy pursued by Solicitor General Elizabeth Prelogar at the oral argument in Fischer.

But as we await the ruling, I’m here to pour some cold water on the optimism of the DOJ’s critics. While the case is a close one, the defense has the weaker argument in Fischer: It may lose, and it should lose. If Fischer wins, however, much of the blame should fall upon Prelogar for doing everything in her power to make the conservative justices mistrust the fairness of Merrick Garland’s Justice Department.

About the Author

Dan McLaughlin

Dan McLaughlin is a senior writer at National Review Online and a fellow at National Review Institute.

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One of the big cases the Supreme Court will decide over the final two weeks of its term is Fischer v. United States. Fischer is a crucial test of a federal statute that has been deployed by the Department of Justice against January 6 defendants, including Donald Trump. The case has produced a fair amount of buzz, albeit less than what surrounds the Trump presidential-immunity case. I’ve previously criticized the disastrously bad strategy pursued by Solicitor General Elizabeth Prelogar at the oral argument in Fischer.

But as we await the ruling, I’m here to pour some cold water on the optimism of the DOJ’s critics. While the case is a close one, the defense has the weaker argument in Fischer: It may lose, and it should lose. If Fischer wins, however, much of the blame should fall upon Prelogar for doing everything in her power to make the conservative justices mistrust the fairness of Merrick Garland’s Justice Department.