On June 28, 2024, the United States Supreme Court held in Fischer v. United States that a violation of 18 U.S.C. Seç. 1512(c)(2) could not be based on allegations involving illegal protest activities, i.e., “by entering and remaining in the United States Capitol without autority and committing an act of civil disorder and engaging in disorderly and disruptive conduct.” In doing so, the Court vacated of every District Court Judge in the District of Columbia who had answered that same question with the opposite finding — except for one.

On December 17, 2021, Matthew Perna was charged by the Biden DOJ with violating Sec. 1512(c)(2) “by entering and remaining in the United States Capitol without authority and committing an act of civil disorder, and threatening Congressional officials, and engaging in disorderly and disruptive conduct.”

Pursuant to a pre-indictment plea agreement that had been negotiated between Matthew, assisted of an experience criminal defense attorney, and the Biden DOJ, Matthew entered a plea of “Guilty” to that charge the same day.

On February 25, 2022, only 70 days after pleading guilty and two weeks prior to his scheduled sentencing, Matthew Perna took his own life.