The highest court in the land decided in Fischer v. U.S. that the “Department of Justice had taken too broad a view of [18 U.S.C.] 1512(c)(2), a law that prohibits destruction of evidence but was not intended for protests,” meaning those pushing the insurrection narrative no longer have a leg on which to stand.
While there is a federal insurrection statute found in 18 U.S.C. 2383, very few, if any, J6ers were ever charged under it. The most serious charge they faced was obstructing an official proceeding by destroying or hiding documents meant for use in the proceeding, this under Section 1512(c)(2).
“Unless the defendants could be shown to have interfered with the delivery of documents to Congress, they could not be prosecuted under the statute – as hundreds of people, including former President Donald Trump, have been,” one report explains.