The justices ruled 6-3 that the charge of obstructing an official proceeding must include proof that defendants tried to tamper with or destroy documents.
The Supreme Court on Friday limited a federal obstruction law that has been used to charge hundreds of Capitol riot defendants as well as former President Donald Trump.
The justices ruled 6-3 that the charge of obstructing an official proceeding, enacted in 2002 in response to the financial scandal that brought down Enron Corp., must include proof that defendants tried to tamper with or destroy documents. Only some of the people who violently attacked the Capitol on Jan. 6, 2021, fall into that category.
There are about 350 people who face charges of obstruction related to the riot on Jan. 6, 2021, at the U.S. Capitol. The high court’s ruling Friday may wipe away that charge.
“The court basically said that this was broad reading of the statute,” said North Carolina Central University law professor Irving Joyner.
Joyner said the court’s ruling is massive for the people facing obstruction charges. Wiping it out means they will not face the maximum of 20 years in prison for an obstruction charge.
“Tor every person who is convicted of an offense, the vacating of any particular charge is a big issue,” Joyner said.
It includes people like William Todd Wilson, the leader of the North Carolina Chapter of the Oath Keepers. He pleaded guilty to conspiracy and obstruction. Now, the latter charge should be removed from his sentencing.
“I didn’t do any violence,” said Steve Blake, who was charged in connection to the Jan.6 Capitol attack. “I didn’t do any catcalling of law enforcement officers.”
Baker, who is facing four misdemeanor charges of trespassing and disorderly conduct, won’t see any relief from the ruling. He told WRAL Investigates he was at the Capitol as an independent journalist for the conservative site, the Blaze.
“As that is read and understood, it does not include physical actions of breaking into a Capitol building or a government office,” Irving said.
A WRAL News database of North Carolinians charged in connection to Jan. 6th show almost all of those accused of obstruction face several other charges.
Republicans, who have cast the Jan. 6 defendants as victims of political persecution, are certain to seize on the ruling to argue the rioters have been unfairly prosecuted by the Justice Department.
