Supreme Court limits obstruction charges against January 6 rioters

The Supreme Court ruled that an obstruction law used to charge dozens of January 6 rioters and former President Donald Trump was misapplied, which could spell trouble for the Justice Department’s wide-ranging prosecution of the Capitol attack.

In fact, The decision could force prosecutors to reopen some cases, which would be very exhausting due to the large number of detainees. for their part in the incident that sent a signal of insurrection to the world in the country’s capital.

However, a majority of the justices ruled that a charge could be brought to try to punish the rioters.

The point is that, to make that option a reality, prosecutors will have to prove that the rioters were not just trying to force their way into the Capitol, but that their real objective was to prevent the delivery of the certificates used to count the electoral votes and accredit the election results in favor of Joe Biden.

John Roberts, president of the Supreme Court, was responsible for writing the general opinion of the six justices who favored the resolution. against three others who opposed.

Roberts noted that improper access “to the Capitol caused members of Congress to evacuate the chambers and delayed the certification process.”

However, he argued that Congress never intended for prosecutors to impose 20-year prison sentences for the type of conduct witnessed on January 6, 2021.

Following the Supreme Court’s ruling, sThe possibility opens up for the lawyers defending Donald Trump in the process where, special prosecutor Jack Smith intends to credit him with an alleged attempt to prevent recognizing Joe Biden’s victory on the ballot, Now they are seeking to challenge parts of the case.

It should be noted that more than 350 rioters were charged with obstructing an official proceeding after harassing the Capitol, but given the Supreme Court ruling, these people could now put the Department of Justice in trouble by accusing it of having reformulated the law, Section 1512 ( c)(2), with the objective of imposing an exemplary sanction on them for having sent a signal of insurrection to the rest of the country.

Keep reading:

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