Supporters of former President Donald Trump protest outside of the Supreme Court on the second anniversary of the Jan. 6 assault on the U.S. Capitol, in Washington, Jan. 6, 2023.WASHINGTON — The Supreme Court on Friday made it harder to charge Capitol riot defendants with obstruction, a charge used in hundreds of prosecutions and also faced by former President Donald Trump.
Chief Justice John Roberts wrote the court’s opinion, joined by conservative Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Clarence Thomas, and by liberal Justice Ketanji Brown Jackson. “January 6 was an unprecedented attack on the cornerstone of our system of government — the peaceful transfer of power from one administration to the next,” he said. “We will continue to use all available tools to hold accountable those criminally responsible for the January 6 attack on our democracy.”
Most lower court judges who have weighed in have allowed the charge to stand. Among them, U.S. District Judge Dabney Friedrich, a Trump appointee, wrote that “statutes often reach beyond the principal evil that animated them.”
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