Supreme Court Considers Obstruction Charges for Jan. 6 Rioters
TL/DR –
Federal prosecutors charged over 350 individuals involved in the January 6, 2021 Capitol attack with a federal crime carrying a 20-year maximum penalty, leading to the conviction and sentencing of over 100 individuals. The Supreme Court is set to hear arguments about whether this charge was improperly used, with a ruling potentially overturning convictions and affecting future prosecutions. The court’s verdict could also affect the charges brought against Donald Trump related to the events of January 6, as two of the four charges he faces are based on the same obstruction statute.
Impact of Capitol Riot Charges on Trump’s Trial
Following the Jan. 6, 2021, Capitol attack, federal prosecutors had to determine charges for hundreds of participants in the mob that disrupted the certification of a presidential election for the first time in U.S. history. Over 350 cases included a federal charge carrying a maximum 20-year penalty, enacted after the exposure of massive fraud during the collapse of Enron.
As of this month, more than 100 rioters have been convicted and sentenced under this statute for obstructing an official proceeding. Now, the Supreme Court will consider whether charging these individuals was improper. The ruling, expected in late June, could potentially overturn the convictions and sentences of those already tried or pleaded guilty, and disrupt pending charges. Three Jan. 6 defendants have already had their sentences reduced pending the Supreme Court’s decision.
The Case’s Political Implications
The court’s decision could impact this year’s election, as Donald Trump has made accusations of prosecutorial overreach a key part of his appeal to voters. The case could also impact Trump’s own trial for allegedly trying to remain in power after his 2020 loss; two of the four charges he faces are based on the obstruction statute, and he could move to have those charges dismissed if the Supreme Court rules for the rioters.
Legal Arguments and Implications
Defense lawyers argue the prosecutors overreached by charging rioters with a crime limited to conduct that destroys or tampers with evidence sought by investigators. The Justice Department argues that the violent disruption of the peaceful transfer of power, including attacks on police officers, is not minor interference. The arguments of the challengers may be persuasive to some Supreme Court justices, who have voted in past years to narrow the use of other laws they believed were applied too broadly.
The court decision could also have implications for Trump’s trial. If the Supreme Court rules against the government, Trump could move to have two of his four D.C. charges dismissed. Jack Smith, the special counsel prosecuting Trump, could tailor his case against the former president to fit within the contours of a ruling in favor of Fischer.
Even if the Supreme Court decides the obstruction charge does not apply to the actions of the rioters, the special counsel has told the high court that the charges are still valid against Trump, who has denied all wrongdoing. Trump also faces two other charges in the D.C. indictment: conspiracy to defraud the United States and depriving Americans of their right to have their votes counted.
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