The US Supreme Court has raised the bar for an obstruction charge against Donald Trump and January 6 Capitol rioters — making it harder to prosecute.
In its decision, the Supreme Court held that a federal statute that prohibits obstructing an official proceeding may not apply to three defendants who were charged with participating in the US Capitol riot. Mr Roberts rejected the Justice Department's more expansive reading of what constitutes obstruction, calling it "a novel interpretation would criminalise a broad swathe of prosaic conduct, exposing activists and lobbyists alike to decades in prison".According to their indictments, Joseph Fischer, Edward Lang and Garret Miller were present at the Capitol on January 6, 2021.
The Supreme Court then agreed to hear the case, putting the trial on hold while it considered the dispute over the scope of the obstruction law.The Supreme Court's decision does not end the case against the Fischer defendants, who will likely stand trial on their assault and disorderly conduct charges.
In separate trials, Oath Keepers founder Stewart Rhodes and Proud Boys former chairman Enrique Tarrio, along with their co-conspirators, were convicted of obstructing an official proceeding. Defendants including Jacob Chansley — also known as also known as the QAnon Shaman — who pleaded guilty solely to obstructing an official proceeding could seek to vacate their sentences, though the Justice Department could then seek to reinstate the other charges that were dropped as part of the plea agreement.The most high-profile defendant facing charges of obstructing an official proceeding is former president Trump.
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