The Supreme Court has narrowed the scope of a federal law used to charge hundreds of people with obstructing Congress during the riot at the Capitol on Jan. 6, 2021, jeopardizing many of those criminal cases.
The 6-3 ruling on Friday — in which two justices crossed the court’s usual ideological lines — may force federal prosecutors to reconsider charges in dozens of pending cases, and it could require judges to resentence some defendants already sent to prison for interfering with Congress’ effort to certify Joe Biden’s victory in the last presidential contest. About 350 of the 1,400-plus charged Jan. 6 defendants have faced obstruction charges now thrown into doubt by the court.
The majority concluded that the felony obstruction provision passed in 2002 in the wake of the Enron scandal applies only in cases where prosecutors can show a defendant attempted to tamper or interfere with documents or other records related to a government proceeding. The court rejected the government’s view that the disputed provision covers other activities that could obstruct an official proceeding — a ruling that hinged on an extensive analysis of the word “otherwise” built into the statute.