December 14, 2023

Court observers said yesterday that SCOTUS seems likely to narrow their interpretation of the federal obstruction law used to prosecute some of the rioters involved in the Jan. 6th attack to make it almost useless. Via CNN:

How the Supreme Court defines how the obstruction law can be used related to the Capitol attack could impact hundreds of criminal cases, even the pending case against former President Donald Trump, who is also charged with obstructing an official proceeding.

The specific issue in the case involves a catch-all provision of a federal criminal statute that makes it a crime for anyone who “otherwise obstructs, influences, or impedes any official proceeding,” and what the government must prove with regard to the intent of January 6 rioters.

The Justice Department has used the charge as the cornerstone of many of the more serious Capitol riot cases, where defendants were outspoken about their desire to stop Congress’ certification of President Joe Biden’s Electoral College win or were instrumental in the physical breach of the Capitol.

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