The Supreme Court ruled Friday that the government cannot prosecute January 6 defendants under 1512, the “Enron” statute, for generally obstructing “an official proceeding” unless they interfered with objects or documents.
In a 6-3 decision, with the majority opinion written by Chief Justice John Roberts, the Court overruled the D.C. Circuit and said that 1512 could not be used as broadly as the Department of Justice had done. In order to continue a prosecution under the Enron law, the prosecution would have to show that the defendants not only invaded the Capitol, but that they also impeded the delivery of documents or objects needed for the proceeding.
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