Supreme Court ruling undermines hundreds of January 6 cases

The Supreme Court ruled that federal prosecutors exceeded their authority by invoking the Obstruction of Justice Act to charge hundreds of Jan. 6 rioters. This opinion may also influence the case against Donald Trump.

Judges ruled that obstruction of justice charges must include evidence that defendants tried to tamper with or destroy documents.

More than 350 people were accused of obstructing Congress – certifying the 2020 presidential election.

The law used by prosecutors was passed in 2002, after the Enron scandal, to put an end to corporate misconduct.

The Sarbanes-Oxley Act sets criminal penalties for anyone who “alters, destroys, mutilates, or conceals records, documents, or other items,” and another clause covers anyone who “otherwise obstructs, influences, or impedes any official proceeding.”

Justice Department prosecutors had argued for a broad interpretation of the law to include those who broke into the Capitol on Jan. 6, 2021, in an attempt to keep Trump in the White House.

But in a 6-3 opinion that cut across the Supreme Court’s usual ideological lines, the court ruled that the law should be interpreted relatively narrowly and applied only to defendants who tampered with documents.

This ruling pleased Donald Trump’s supporters.

While the court introduced another complication to the special prosecution of the former president – and the Supreme Court could rule in a separate case expected next week that he has immunity for his actions – it is unclear whether the decision will stay one of the charges against him.

“I think there will be legal proceedings in the Trump case,” said Aziz Huq, a professor at the University of Chicago Law School.

“But the charges against him include falsifying or altering ‘records, documents or things.’ So I think that probably doesn’t undermine those charges.”

Moreover, special counsel Jack Smith did so as well accused Trump with other crimes in connection with attempts to overturn the 2020 result: conspiring to defraud the United States and conspiring against the rights of citizens.

These charges will be filed regardless of the outcome of the obstruction of justice case.

The special prosecutor faces an obvious deadline. If Mr. Trump wins the election in November, he will be able to remove Mr. Smith from office and end the federal lawsuit.

The Sarbanes-Oxley Act was one of many laws used against those who stormed the Capitol in January 2021.

About 25% of those charged in the Capitol riot were prosecuted, and all face additional charges, according to Attorney General Merrick Garland.

“The vast majority of the more than 1,400 defendants charged with illegal activities on January 6 will not be affected by this decision,” Mr. Garland said in a statement after the decision, also saying he was disappointed with the ruling.

The case to the Supreme Court was brought by Joseph Fischer, a former Pennsylvania police officer who attended a Trump rally in Washington on January 6, 2021, and then briefly went to the Capitol.

He was seen in video footage arguing with police before leaving the building.

Lower courts will now decide whether the obstruction charge can continue. However, Mr. Fischer will also face trial on a number of other charges, including disorderly conduct, disorderly conduct and assaulting, resisting or obstructing a police officer.

More than 1,400 people were charged with crimes related to the riots.

According to the Department of Justice, more than 500 people were charged with assaulting, resisting or obstructing officers, including more than 130 people charged with using a deadly or dangerous weapon or causing serious bodily injury to a police officer.

And more than 1,300 people have been charged with entering or remaining in a restricted building or on federal property. More than 100 of those were charged with entering restricted grounds with a dangerous or deadly weapon.

With additional reporting by Kayla Epstein