The Department of Justice (DOJ) has significantly reduced the number of obstruction charges against January 6 defendants following a pivotal Supreme Court ruling in June.

According to The Daily Caller, the DOJ has dropped nearly half of the pending obstruction charges since the court's decision.

The Supreme Court's ruling in Fischer v. United States narrowed the interpretation of a statute that had been used to charge January 6 defendants with obstructing an official proceeding. This statute carries a potential sentence of up to 20 years in prison for those found guilty of corruptly obstructing, influencing, or impeding any official proceeding.

Supreme Court Ruling Impacts Pending And Adjudicated Cases

Data from the DOJ, dated September 6, 2024, reveals that of the 126 defendants with pending obstruction charges, approximately 60 have had these charges dropped. The department is continuing to pursue charges for 13 defendants and is still evaluating its approach for the remaining cases.

The impact of the ruling extends beyond pending cases. For the 133 cases that had already been adjudicated when the Fischer ruling was issued, the DOJ has stated it does not oppose dismissal or vacatur of the charge in about 40 cases. The department is still reviewing the remaining adjudicated cases.

It's important to note that the DOJ emphasized that no defendants were charged solely with violating the obstruction statute. A statement from the DOJ clarified:

There are zero cases where a defendant was charged only for violating 18 U.S.C. § 1512. In other words, even if the government foregoes this charge, every charged defendant will continue to face exposure to other criminal charges.

This clarification underscores that while the obstruction charges are being dropped in many cases, the defendants still face other criminal charges related to the events of January 6.

Supreme Court's New Standard For Obstruction Charges

The Supreme Court's ruling established a new standard for proving violations of the obstruction statute. Now, the government must demonstrate that the defendant impaired the availability or integrity of records, documents, objects, or other items used in the proceeding.

This new standard significantly narrows the scope of what can be considered obstruction of an official proceeding. Previously, the DOJ had interpreted the statute more broadly, allowing for a wider range of actions to be prosecuted under this charge.

In a concurring opinion, Justice Ketanji Brown Jackson suggested that prosecutors could still move forward with charges if they involved the impairment or attempted impairment of things used during the January 6 proceeding. This guidance may influence how the DOJ proceeds with the remaining cases.

Implications For Ongoing And Future Prosecutions

The DOJ's decision to drop nearly half of the pending obstruction charges represents a significant shift in the prosecution strategy for the January 6 cases. This change not only affects current cases but also sets a precedent for how similar cases might be handled in the future.

For defendants whose cases are still pending, the Supreme Court ruling offers a potential avenue for challenging obstruction charges. Defense attorneys may argue that their clients' actions do not meet the new, more stringent standard set by the court.

However, it's crucial to remember that the dropping of obstruction charges does not necessarily mean a reduction in overall legal jeopardy for the defendants. As the DOJ pointed out, all charged defendants continue to face other criminal charges related to their alleged actions on January 6.

Ongoing Review Process

The DOJ's review of both pending and adjudicated cases is ongoing. For the cases where the department has already decided not to oppose dismissal or vacatur of the obstruction charge, this decision could lead to resentencing or other legal proceedings to adjust the defendants' status.

For the cases still under review, the DOJ will need to carefully evaluate each one in light of the new legal standard. This process could take considerable time and resources, potentially impacting the overall timeline of the January 6 prosecutions.

Broader Context Of January 6 Prosecutions

The obstruction charges have been a significant component of many January 6 cases, often carrying the most severe potential sentences. The reduction in these charges doesn't mean an end to the prosecutions, but it does represent a recalibration of the legal approach to these cases.

This development comes at a time when the January 6 events continue to be a topic of national discussion and debate. The prosecutions of individuals involved in the events of that day have been closely watched by both supporters and critics of the judicial process.

Conclusion

The DOJ's decision to drop nearly half of the pending obstruction charges against the January 6 defendants marks a significant shift in the legal landscape surrounding these cases. This change comes as a direct result of the Supreme Court's June ruling, which narrowed the interpretation of the obstruction statute.

While many defendants have seen their obstruction charges dropped, they still face other criminal charges related to the events of January 6. The DOJ continues to evaluate its approach for both pending and adjudicated cases in light of the new legal standard set by the Supreme Court.