The United States Supreme Court made it more difficult to charge Capitol riot defendants with obstruction on Friday, a charge used in numerous prosecutions, including against former president Donald Trump. The justices ruled 6-3 that the charge of obstructing an official proceeding, which was enacted in 2002 following the Enron scandal, requires proof that defendants attempted to tamper with or destroy documents. Only some individuals involved in the January 6, 2021, Capitol attack fit this criterion.
This decision may bolster claims by Trump and his Republican allies that the Justice Department has been unfair to Capitol riot defendants, news agency AP reported. It’s unclear how this ruling will impact the case of Trump in Washington, although special counsel Jack Smith has indicated that the charges against Trump would not be affected.
As per a report by AP, the high court sent the case of former Pennsylvania police officer Joseph Fischer back to a lower court to decide if he could be charged with obstruction. The police officer was indicted for his role in disrupting Congress’ certification of Joe Biden’s 2020 US presidential election victory over Trump. He is one of about 350 people charged with obstruction, some of whom pleaded guilty to or were convicted of lesser charges.
Chief Justice John Roberts authored the court’s opinion, joined by conservative Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Clarence Thomas, as well as liberal Justice Ketanji Brown Jackson. Roberts argued that a broad interpretation of the obstruction statute would criminalise a wide range of activities, potentially exposing activists and lobbyists to lengthy prison sentences, AP reported.
Justice Amy Coney Barrett, along with Justices Elena Kagan and Sonia Sotomayor, dissented. Barrett, one of Trump’s appointees, asserted that the law clearly covers the events of January 6, noting that the riot forced Congress to delay proceedings for several hours.
She said her colleagues in the majority did “textual backflips to find some way, any way, to narrow the reach” of the obstruction law.
Attorney General Merrick Garland stated that he was disappointed with the decision, which he said “limits an important federal statute.” Still, Garland said that most cases against those charged in the attack wouldn’t be affected.
“January 6 was an unprecedented attack on the cornerstone of our system of government — the peaceful transfer of power from one administration to the next,” he said. “We will continue to use all available tools to hold accountable those criminally responsible for the January 6 attack on our democracy,” he further stated.
Trump Celebrates US Supreme Court Ruling As ‘Massive Victory’
Trump celebrated the ruling on his Truth Social platform, calling it “Big News!” and shared a message describing the decision as a “massive victory” for “J6 political prisoners.”
Around 170 Capitol riot defendants have been sentenced for obstructing or conspiring to obstruct the January 6 joint session of the US Congress, including leaders of the Proud Boys and the Oath Keepers. Some defendants have had their sentencing delayed pending the US Supreme Court’s decision.
U.S. District Judge Carl Nichols, a Trump appointee, dismissed the obstruction charge against Fischer and two other defendants, stating that prosecutors had overreached. A divided federal appeals court panel in Washington reinstated the charge before the Supreme Court took up the case, according to the report.
Over 1,400 people have been charged with federal crimes related to the Capitol riot. Approximately 1,000 have pleaded guilty or been convicted. The U.S. attorney’s office in Washington, which handles January 6 prosecutions, expressed that no one convicted or charged with obstruction will be completely cleared due to this ruling, as all defendants also face other felony or misdemeanor charges.
For around 50 individuals convicted solely of obstruction, approximately two dozen still serving their sentences may be most affected by this ruling.
