A lot fo the J6'ers have been convicted of interrupting an official proceeding. Currently, there is a court challenge to breaking this law. The court case before the SCOTUS is Joseph W. Fischer v. United States.

Fischer raises the issue of whether the Department of Justice has been improperly using a law originally aimed at curbing financial crimes to prosecute Jan. 6 defendant Joseph Fischer. If the Court rules in Fischer's favor, it would undermine Smith's use of the law against Trump, as well as other Jan. 6 defendants.

In the D.C. case, two of the four indictments relate to interrupting an official proceeding. The other two are: Conspiracy to defraud the United States and Conspiracy against Rights.

Smith can still supersede those indictments with seditious conspiracy (the planning of an insurrection.) Four J6'ers have been found guilty of that crime.

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