In a potential blow to the prosecution of individuals involved in the January 6 Capitol riot, the Supreme Court is set to determine whether the Justice Department overstepped by using a federal obstruction law in these cases. The case before the justices centers on the charge of obstructing an official proceeding, which critics argue was not intended for situations like the Capitol insurrection.
Former President Donald Trump and his allies are closely watching this case, with the possibility of using a ruling in favor of riot defendant Joseph Fischer to attack the Justice Department’s prosecution of Capitol rioters. Trump has previously suggested pardoning those convicted in connection with the riot if reelected.
The decision by the Supreme Court could impact hundreds of criminal cases related to the Capitol riot, although most defendants were convicted of additional charges alongside obstruction. If the felony obstruction charge is tossed out, it may not significantly impact the sentences handed down to rioters.
Prosecutors have argued that the obstruction charge is crucial in cases where individuals showed intent to disrupt Congress’s certification of the 2020 presidential election. Many defendants have also been charged with assault or civil disorder, which carry their own hefty penalties. Despite the potential significance of the obstruction charge on paper, actual sentencing has been much lower than the maximum 20-year prison term.
The Supreme Court is expected to issue its ruling by the end of the month, and any decision in favor of the riot defendant could open the door for numerous cases to be re-examined and possibly result in reduced sentences for Capitol rioters.
