"Fischer allegedly belonged to the mob that forced Congress to stop its certification process.1 On January 6, 2021, he encouraged rioters to “charge” and “hold the line,” had a “physical encounter” with at least one law enforcement officer, and participated in pushing the police. Fischer Crim. Compl., Appellant’s Appendix (“App.”) 423–27. Before January 6, he allegedly sent text messages to acquaintances, stating: “If Trump don’t get in we better get to war”; “Take democratic [C]ongress to the gallows. . . . Can’t vote if they can’t breathe . . . lol”; and “I might need you to post my bail. . . . It might get violent. . . . They should storm the capital [sic] and drag all the democrates [sic] into the street and have a mob trial.” Gov’t Opp’n to Mot. to Clarify and Modify Conditions of Release, App. 433–34. Fischer’s seven-count indictment charges him with assaulting both Capitol Police and MPD officers. Fischer Indictment, App. 444."

"The government charged all three appellees with, among other things, the felony offense of Assaulting, Resisting, or Impeding Certain Officers, in violation of 18 U.S.C. § 111(a)(1); and the misdemeanor offenses of Disorderly Conduct in a Capitol Building, in violation of 18 U.S.C. § 5104(e)(2)(D), and Disorderly and Disruptive Conduct in a Restricted Building or Grounds, in violation of 18 U.S.C. § 1752(a)(2) and (b)(l)(A)."

Even if the obstructing charge gets thrown out (and a Trump judge on the circuit court said it shouldn't be), he's still going to jail for a felony.