The petitioner, an American named Joseph Fischer, was indicted for his alleged participation in events around the entrance of the U.S. Capitol building on January 6, 2021, and charged with a violation of 18 U.S.C. § 1512(c)(2)—a statute passed in the wake of the Enron scandal and designed to prohibit witness tampering and destruction of evidence in financial crimes cases. Section 1512(c)(2)—which the Biden administration has twisted and misapplied to target its perceived political opponents—carries a maximum 20-year prison sentence. 

“The Biden administration’s pursuit of its political opponents must be stopped. Their strained interpretation of the law would criminalize vast swaths of everyday political conduct and violate the First Amendment—Congress never granted, and no administration should have the power to lock up political opponents for 20 years for merely trying to ‘influence’ Congress,” said Senator Cotton.

“The Department of Justice shouldn’t be weaponized against any American and we applaud Senator Cotton and America First Legal for filing this amicus brief,” said Congressman Jordan.

The amicus brief may be found here.

The following members of Congress also signed the brief:

Sen. Kevin Cramer (R-North Dakota)

Sen. Mike Lee (R-Utah)

Rep. Cliff Bentz (Oregon-02)

Rep. Lauren Boebert (Colorado-03)

Rep. Jerry Carl (Alabama-01)

Rep. Michael Cloud (Texas-27)

Rep. Matt Gaetz (Florida-01)

Rep. Lance Gooden (Texas-05)

Rep. Marjorie Taylor Greene (Georgia-14)

Rep. Harriet M. Hageman (Wyoming)

Rep. Diana Harshbarger (Tennessee-01)

Rep. Lisa McClain (Michigan-09)

Rep. Mary Miller (Illinois-15)

Rep. Alex Mooney (West Virginia-02)

Rep. Barry Moore (Alabama-02)

Rep. Andy Ogles (Tennessee-05)

Rep. Bill Posey (Florida-08)

Rep. Guy Reschenthaler (Pennsylvania-14)

Rep. Matt Rosendale (Montana-02)

Rep. Tom Tiffany (Wisconsin-07)

Rep. Michael Waltz (Florida-06)