No. 22-3038 Consolidated with 22-3039 22-3041.

64 F.4th 329 (2023)

UNITED STATES of America, Appellant v. Joseph W. FISCHER, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 7, 2023.

Attorney(s) appearing for the Case

James I. Pearce , Attorney, Capitol Siege Section, U.S. Department of Justice, argued the cause for appellant. With him on the brief was John Crabb, Jr. , Chief, Capitol Siege Section.

Nicholas D. Smith argued the cause for appellees. With him on the brief were Frederick W. Ulrich , Assistant Federal Public Defender, and F. Clinton Broden . A. J. Kramer , Federal Public Defender, and Ronald A. Krauss , Assistant Federal Public Defender, entered appearances.

Dissenting opinion filed by Circuit Judge Katsas.

As Congress convened on January 6, 2021, to certify the results of the 2020 presidential election in favor of Joseph R. Biden, Jr., thousands of supporters of the losing candidate, Donald J. Trump, converged on the United States Capitol to disrupt the proceedings. The Trump supporters swarmed the building, overwhelming law enforcement...

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