Biden's AG ‘disappointed' over Supreme Court Jan 6 ruling, vows to hold protesters 'accountable' with 'all available tools'

Attorney General Merrick Garland released a statement saying he was “disappointed” with the Supreme Court’s decision in Fischer v. United States, which ruled in favor of a January 6 defendant who protested at the Capitol, and vowed to hold protesters involved in the Capitol breach "accountable" with "all available tools."

“January 6 was an unprecedented attack on the cornerstone of our system of government — the peaceful transfer of power from one administration to the next. I am disappointed by today’s decision, which limits an important federal statute that the Department has sought to use to ensure that those most responsible for that attack face appropriate consequences,” Garland’s statement read. 

“The vast majority of the more than 1,400 defendants charged for their illegal actions on January 6 will not be affected by this decision. There are no cases in which the Department charged a January 6 defendant only with the offense at issue in Fischer. For the cases affected by today’s decision, the Department will take appropriate steps to comply with the Court’s ruling.” 

“We will continue to use all available tools to hold accountable those criminally responsible for the January 6 attack on our democracy,” Garland added. 

The court case revolved around Joseph Fischer, a former police officer who entered the Capitol building on January 6 and was charged with obstructing an official proceeding. The court found that the law used to charge Fischer was incorrectly applied and sent the case back to lower courts for future proceedings to determine if the Department of Justice could still prosecute Fischer. 

Approximately 350 other protesters have pending charges under the same law, and this case can set a precedent for other cases of people who entered the Capitol. Due to the ruling, prosecutors must now, in order to prove a violation, show that the defendant "impaired the availability or integrity for use in an official proceeding of records, documents, objects, or ... other things used in the proceeding," as explained by Chief Justice John Roberts in the decision.