What the U.S. Supreme Court’s obstruction ruling means for Jan. 6 riot cases

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U.S. Supreme Court’s ruling that federal prosecutors erred in how they charged a man for his role in the assault on the Capitol could affect sentencing

The U.S. Supreme Court’s ruling on Friday that federal prosecutors erred in how they charged a man for his role in the Jan. 6, 2021, assault on the U.S. Capitol began to take effect on some of the 249 people convicted of obstructing an official proceeding.

U.S. District Judge Dabney Friedrich ordered the Justice Department and defence lawyers for Jan. 6 rioter Guy Reffitt on Friday to prepare for a re-sentencing. He never entered the Capitol during the riot, but video evidence showed him egging on the crowd and leading other rioters up a set of stairs outside the building.Two of the Justice Department’s most prominent Jan. 6 cases took aim at leaders from the far-right Oath Keepers and the Proud Boys.

In cases like this involving multiple felony convictions, legal experts said they do not believe the ruling will lead to drastic changes. One of the first tests of how the ruling could affect defendants in the Oath Keepers case could come as soon as July 26, when Thomas Caldwell will be sentenced. He is among a group of defendants who pleaded guilty to just one count of obstructing an official proceeding. In exchange, prosecutors dropped the remaining charges, including a felony count of civil disorder and other misdemeanours.Defendants including Chansley 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.

 

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