Former police officer and January 6 defendant Joseph Fischer didn’t even arrive at the U.S. Capitol grounds until long after Congress had officially recessed that fateful day.

But that didn’t stop the Biden administration from charging Fischer under the 2002 Sarbanes-Oxley Act, a law that grew out of the collapse of the Enron Corporation and is designed to prevent the fraudulent destruction of corporate financial records.

Specifically, Section 1512(c) makes it a felony to corruptly alter, destroy, mutilate, or conceal a record, document, or other object with the intent to undermine an official proceeding. A second provision also applies to anyone who “otherwise obstructs, influences, or impedes any official proceeding.”

Fischer didn’t destroy any records, and because Congress had already recessed by the time he arrived, he didn’t obstruct any official proceedings.

The Justice Department has erroneously charged nearly 350 people, including President Donald Trump, under this Enron document-shredding law. Each defendant faces up to 20 years in federal prison.

In our brief, Liberty Counsel advised the High Court that the First Amendment does not permit the government to make political expression criminal.

If this contravention of the Sarbanes-Oxley Act is allowed to stand, large swaths of our First Amendment rights will be gutted, and ANY action intended to sway “an official government proceeding” — even a prayer gathering or trying to speak to your legislator — could be deemed a crime.

Justices appear to agree with our brief.

Chief Justice John Roberts suggested that the Sarbanes-Oxley Act should only apply to those who destroy evidence, as the current law proscribes.

Justice Clarence Thomas noted that “[t]here have been many violent protests that have interfered with proceedings,” yet the administration had not charged those people, pointing out the Biden administration’s apparent selective use of the Sarbanes-Oxley Act against political foes.

Justice Neil Gorsuch asked Biden’s Solicitor General if “a sit-in that disrupts a trial, or access to a federal courthouse” or a “heckler” in the audience or “at the State of the Union address” would qualify for similar charges.

Gorsuch also asked if “pulling a fire alarm” to prevent a congressional vote (as Rep. Jamaal Bowman did Oct. 1, 2023) would be charged under Biden’s interpretation of the Act.

Justice Samuel Alito asked the Solicitor General if the administration would be using this law to charge the “pro-Palestine” protesters who shut down the Golden Gate bridge earlier this week.

Biden’s Solicitor General said the administration had the right to charge even peaceful protesters under the Act, parroting DOJ (Department of Justice) Attorney Matthew Graves’ January 2024 declaration that the administration had the right to prosecute even peaceful people who were on the Capitol lawn but who never entered the Capitol building that day.

She went to pray.

On January 6, 2021, 71-year-old Rebecca Lavrenz traveled to Washington, D.C., to pray for our country. Security videos from that day show the senior woman peacefully entering the Capitol, kneeling and praying silently before leaving just as peacefully as she entered.

“The whole reason I went to the Capitol was to pray,” she said. “I didn’t get into this for myself, I was there to stand up for my country. God led me to go there and into the building to stand up for my First Amendment rights to petition the government for a redress of grievances.”

On April 4, 2024, Rebecca was found guilty of multiple counts for simply praying for 10 minutes in the U.S. Capitol building on January 6. Though not charged under the 2002 Sarbanes-Oxley Act mentioned above, her plight well exemplifies the Solicitor General and the Biden Department of Justice’s contention that they will convict anyone, even peaceful, law-abiding people. Rebecca faces up to a year in prison and 200,000 dollars in fines. Her sentencing is scheduled for August 12.

The 71-year-old great grandmother and retired registered nurse, however, is unafraid. “I believe God wanted it to turn out this way so my voice could be amplified.” Rebecca is considering going back to law school to defend our rights.

“I’m going to make my voice so loud that if they try to put me in prison to shut it up, it won’t work,” Rebecca said.

We cannot allow this administration, or any other, to abuse the American people, punish peaceful political opposition, or otherwise rob us of our God-given rights.

Liberty Counsel is working on many Supreme Court cases. We also submitted briefs on the Biden administration’s social media censorship, Biden’s attempt to force emergency room doctors to perform abortions, the abortion pill case, pro-life sidewalk counseling, and more.

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