The Supreme Court said Wednesday that it will consider whether part of a federal obstruction law can be used to prosecute some of the rioters involved in the January 6, 2021, attack on the US Capitol.
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 – obstructing on official proceeding – 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.
Joseph Fischer, the man at the center of the case, was charged with multiple federal crimes for his role in the January 6 attack.
A federal judge agreed to throw out the specific charge brought against Fischer under the obstruction law. A federal appeals court divided on the matter earlier this year, with a majority holding that the broad terms of the obstruction statute were satisfied as applied to individuals who forcibly entered the Capitol on January 6. The Supreme Court will now decide the issue this term.
“That the Court is intervening now suggests that the justices are interested in providing general clarity on an issue that has caused at least some confusion in a subset of the January 6 cases,” said Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law.
This story is breaking and will be updated.
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