Justice Department eyeing ways to sustain obstruction cases against Jan. 6 defendants

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The Supreme Court narrowed the scope of a criminal obstruction statute used against hundreds of people who stormed the Capitol.

Prosecutors are evaluating how to preserve obstruction charges against people who rioted on Jan. 6, 2021. | Julio Cortez/APFederal prosecutors began signaling Monday that they may attempt to salvage dozens of felony cases they’ve leveled against Jan. 6 defendants, even after a Supreme Court ruling seemed poised to upend them.

“The Court did not reject the application of to January 6,” federal prosecutors wrote in a court filing Monday in the case of Donovan Crowl, a member of the Oath Keepers who is awaiting sentencing for a Jan. 6 obstruction charge. “Rather, the Court explained that the government must establish that the defendant impaired the availability or integrity for use in an official proceeding of records … or attempted to do so.

In a second Jan. 6 obstruction case, U.S. District Judge Jia Cobb granted prosecutors’ request for an indefinite delay to consider the impact of theof the obstruction charge before resuming the case.

 

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