Supreme Court Ruling Forces DOJ to Cut Major January 6 Charges

At a Glance

Federal prosecutors are dropping charges for some January 6 rioters following a Supreme Court ruling.
The ruling narrowed the government’s use of the charge “obstruction of an official proceeding.”
Justice Department is reassessing its use of the affected charge.
Several defendants, including notable figures, have had charges dropped.

DOJ Adheres to Supreme Court Ruling

The Justice Department’s decision to drop nearly half of the obstruction charges against individuals implicated in the January 6 Capitol riot stems directly from a Supreme Court ruling. This decision signals the DOJ’s compliance with the highest court’s directive, fundamentally changing the course of many legal proceedings for those involved in the Capitol events. Prosecutors have been forced to reevaluate the legal grounds for many of the obstruction charges initially brought against hundreds of individuals.

Among those affected is Arthur Jackman, a member of the Proud Boys, who had his obstruction charge dropped. However, Jackman still faces other charges. Similarly, Kellye SoRelle, an attorney for the Oath Keepers, was offered a plea deal, with two of her four charges stemming from the affected obstruction count. These adjustments reflect the broader implications of the Supreme Court’s decision on ongoing prosecutions.

Biden DOJ Dropped Nearly Half Of Pending Obstruction Charges For Jan 6 Defendants After Supreme Court Ruling | The Daily Caller https://t.co/686D9mnnUC

— LeoTerrell (@TheLeoTerrell) September 11, 2024

Impact of the Supreme Court Decision

The Supreme Court’s decision has narrowed the scope of what actions can be prosecuted under the “obstruction of an official proceeding” charge, which was previously applied broadly. Specifically, the ruling clarifies that the statute only applies to actions directly impairing physical evidence. Consequently, federal prosecutors are redefining how they apply this charge in ongoing and future cases. This has led to the dismissal of charges for several defendants monitored by U.S. District Judge Carl Nichols and others.

In addition to Gina Bisignano, who was found guilty of storming the Capitol and subsequently had her obstruction charge dropped, Mark Sahady, the vice president of Super Happy Fun America, saw similar results. Despite these changes, not all prosecutions under the obstruction statute are impeded. Notably, the DOJ is still pursuing charges against Don and Shawndale Chilcoat, who were accused of entering the Senate floor during the riot.

DOJ drops some Jan. 6 obstruction charges, retools plea deals after Supreme Court ruling | Click on the image to read the full story https://t.co/COGU1vl8N9

— wdsu (@wdsu) July 18, 2024

Future Legal Ramifications

With over 350 rioters initially charged with obstruction, the Supreme Court ruling is expected to have extensive repercussions through the summer and fall. Several defendants currently detained have been released as courts await further legal arguments following the reinterpretation of the statute. The decision might also impact special counsel Jack Smith’s prosecution of former President Donald Trump, who faces two charges related to obstruction.

The effort to redefine how obstruction charges apply suggests a shift in prosecutorial strategy. Prosecutors have substituted the civil disorder charge, which carries a lesser maximum sentence of five years, in lieu of the obstruction charge in some cases. Sentencings for several defendants have experienced delays, while others seek resentencing in light of these developments. The continuing assessment of the Supreme Court’s decision by the DOJ underscores the complexity of achieving justice in the aftermath of the January 6 events.