Supreme Court makes it harder to charge Jan. 6 defendants — and Trump — with obstruction

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The justices ruled that the charge of obstructing an official proceeding must include proof that defendants tried to tamper with or destroy documents.

FILE – Rioters at the U.S. Capitol on Jan. 6, 2021, in Washington. Taylor James Johnatakis of Washington state, who used a megaphone to orchestrate a mob’s attack on police officers guarding the U.S. Capitol, was sentenced on Wednesday to more than seven years in prison. U.S. District Judge Royce Lamberth said videos captured Johnatakis playing a leadership role during the Jan. 6, 2021, attack.

The high court returned the case of former Pennsylvania police officer Joseph Fischer to a lower court to determine if Fischer can be charged with obstruction. Fischer has been indicted for his role in disrupting Congress’ certification of Roughly 170 Capitol insurrection defendants have been convicted of obstructing or conspiring to obstruct the Jan. 6 joint session of Congress, including the leaders of two far-right extremist groups,Some rioters have even won early release from prison while the appeal was pending over concerns that they might end up serving longer than they should have if the Supreme Court ruled against the Justice Department.

More than 1,400 people have been charged with Capitol riot-related federal crimes. Approximately 1,000 of them have pleaded guilty or been convicted by a jury or a judge after a trial.

 

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