Supreme Court Limits Use of Obstruction Law, Impacting Jan. 6 Riot Cases, Including Trump’s

Impact: Could affect hundreds of Jan. 6 prosecutions | Trump Case: Impact unclear, Special Counsel says charges likely unaffected | DOJ Response: Limited impact, most of 1,400+ Jan. 6 defendants unaffected

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Supreme Court
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Impact: Could affect hundreds of Jan. 6 prosecutions | Trump Case: Impact unclear, Special Counsel says charges likely unaffected | DOJ Response: Limited impact, most of 1,400+ Jan. 6 defendants unaffected


The Supreme Court made a significant ruling in favor of a Jan. 6 Capitol riot defendant, potentially impacting hundreds of prosecutions related to the event, including the criminal case against former President Donald Trump.

Key points of this decision:

  • The Ruling: The Supreme Court voted 6-3 to limit the Justice Department’s use of a 2002 law that makes it a crime to obstruct an official proceeding. The majority opinion, delivered by Chief Justice John Roberts, stated that this law, enacted in response to the Enron Corp. collapse, is primarily designed to protect documents and other records.
  • The Case: The ruling was in favor of Joseph Fischer, a former Pennsylvania police officer charged for his alleged participation in the Capitol riot. The Court determined that the felony obstruction charge was improperly applied in his case.
  • Interpretation of the Law: The Court’s majority interpreted the law narrowly, stating that to prove a violation, “the Government must establish that the defendant impaired the availability or integrity for use in an official proceeding of records, documents, objects”. This interpretation limits the law’s application to cases involving tampering with physical evidence, rather than broader forms of obstruction.
  • Dissenting Opinion: Justice Amy Coney Barrett, in her dissent, argued that while the events of Jan. 6 may not have been the target of the 2002 law, it includes a sweeping provision for any conduct that obstructs or impedes an official proceeding.
  • Potential Impact: This ruling could affect hundreds of prosecutions related to the Jan. 6 riot. It may lead to the dismissal of charges against many defendants and could influence sentencing decisions in cases involving multiple felony charges.
  • Implications for Trump’s Case: While the ruling’s impact on the case against former President Trump in Washington is unclear, Special Counsel Jack Smith has stated that the charges faced by the former president would not be affected.
  • Justice Department’s Response: Attorney General Merrick Garland expressed disappointment with the decision but stated that it would have a limited impact on the Justice Department’s prosecutions. He noted that the vast majority of the over 1,400 defendants charged for their actions on Jan. 6 would not be affected by this decision.

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