Current:Home > Contact-usSupreme Court makes it harder to charge Capitol riot defendants with obstruction, charge Trump faces-InfoLens
Supreme Court makes it harder to charge Capitol riot defendants with obstruction, charge Trump faces
View Date:2024-12-23 15:49:53
WASHINGTON (AP) — The Supreme Court on Friday made it harder to charge Capitol riot defendants with obstruction, a charge that also has been brought against 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.
The decision could be used as fodder for claims by Trump and his Republican allies that the Justice Department has treated the Capitol riot defendants unfairly.
It’s unclear how the court’s decision will affect the case against Trump in Washington, although special counsel Jack Smith has said the charges faced by the former president would not be affected.
The high court returned the case of former Pennsylvania police officer Joseph Fischer to a lower court to determine if Fischer can be charged with obstruction. Fischer has been indicted for his role in disrupting Congress’ certification of Democrat Joe Biden’s 2020 presidential election victory over Trump.
Fischer is among about 350 people who have been charged with obstruction. Some pleaded guilty to or were convicted of lesser charges.
Chief Justice John Roberts wrote the court’s opinion, joined by conservative Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Clarence Thomas, and by liberal Justice Ketanji Brown Jackson.
Reading the obstruction statute broadly “would also criminalize a broad swath of prosaic conduct, exposing activists and lobbyists to decades in prison,” Roberts wrote.
Justice Amy Coney Barrett dissented, along with Justices Elena Kagan and Sonia Sotomayor.
Roughly 170 Capitol insurrection defendants have been convicted of obstructing or conspiring to obstruct the Jan. 6 joint session of Congress, including the leaders of two far-right extremist groups, the Proud Boys and the Oath Keepers. A number of defendants have had their sentencings delayed until after the justices rule on the matter.
Some rioters have even won early release from prison while the appeal was pending over concerns that they might end up serving longer than they should have if the Supreme Court ruled against the Justice Department. They include Kevin Seefried, a Delaware man who threatened a Black police officer with a pole attached to a Confederate battle flag as he stormed the Capitol. Seefried was sentenced last year to three years behind bars, but a judge recently ordered that he be released one year into his prison term while awaiting the Supreme Court’s ruling.
Most lower court judges who have weighed in have allowed the charge to stand. Among them, U.S. District Judge Dabney Friedrich, a Trump appointee, wrote that “statutes often reach beyond the principal evil that animated them.”
But U.S. District Judge Carl Nichols, another Trump appointee, dismissed the charge against Fischer and two other defendants, writing that prosecutors went too far. A divided panel of the federal appeals court in Washington reinstated the charge before the Supreme Court agreed to take up the case.
More than 1,400 people have been charged with Capitol riot-related federal crimes. Approximately 1,000 of them have pleaded guilty or been convicted by a jury or a judge after a trial.
The U.S. attorney’s office in Washington, which has handled Jan. 6 prosecutions, said no one who has been convicted of or charged with obstruction will be completely cleared because of the ruling. Every defendant also has other felony or misdemeanor charges, or both, prosecutors said.
For around 50 people who were convicted, obstruction was the only felony count, prosecutors said. Of those, roughly two dozen who still are serving their sentence are most likely to be affected by the ruling.
___
Follow the AP’s coverage of the U.S. Supreme Court at https://apnews.com/hub/us-supreme-court.
veryGood! (7)
Related
- Kathy Bates likes 'not having breasts' after her cancer battle: 'They were like 10 pounds'
- Richard Higgins, one of the last remaining survivors of Pearl Harbor attack, dies at 102
- More than 440,000 Starbucks-branded mugs recalled due to burn, laceration risk
- Alabama woman who faked kidnapping pleads guilty to false reporting
- Chipotle unveils cilantro-scented soap, 'water' cup candles in humorous holiday gift line
- Final ex-Mississippi 'Goon Squad' officer sentenced to 10 years in torture of 2 Black men
- Firing of Ohtani’s interpreter highlights how sports betting is still illegal in California
- Border Patrol chief says tougher policies are needed to deter migrants from entering U.S. illegally
- Olympic champion Lindsey Vonn is ending her retirement at age 40 to make a skiing comeback
- Human composting as alternative to burial and cremation gets final approval by Delaware lawmakers
Ranking
- Olivia Munn began randomly drug testing John Mulaney during her first pregnancy
- The Bodysuits Everyone Loves Are All Under $20 for the Amazon Big Spring Sale
- Man accused of kidnapping and killing ex-girlfriend’s daughter to plead guilty to federal charge
- Activists rally for bill that would allow some Alabama death row inmates to be resentenced
- FBI raids New York City apartment of Polymarket CEO Shayne Coplan, reports say
- Annoyed With Your Internet Connection? This Top-Rated Wi-Fi Extender Is $15 during Amazon's Big Sale
- Activists rally for bill that would allow some Alabama death row inmates to be resentenced
- Two weeks later: The hunt for missing Mizzou student Riley Strain in Nashville
Recommendation
-
Love Is Blind’s Chelsea Blackwell Reacts to Megan Fox’s Baby News
-
What the DOJ lawsuit against Apple could mean for consumers
-
Josh Peck speaks out on 'Quiet on Set' doc, shows support for former Nickelodeon co-star Drake Bell
-
Georgia lawmakers advance bills targeting immigrant-friendly policies
-
Shaboozey to headline halftime show of Lions-Bears game on Thanksgiving
-
Gisele Bündchen Details Battle With Severe Panic Attacks and Depression in Her 20s
-
Women's college basketball is faster than it's ever been. Result: More records falling
-
A fifth Albuquerque, New Mexico, police officer has resigned amid probe of unit