A recent Supreme Court decision has dealt a severe blow to the Department of Justice under President Joe Biden.
Following the narrowing of obstruction charges for January 6 defendants, trial judges have swiftly begun to reopen some cases, as reported by The Hill.
“The federal judge who oversaw the case against Guy Reffitt — the first rioter convicted by a jury — ordered Reffitt’s attorneys and the Justice Department (DOJ) to propose a schedule for ‘further proceedings’ in light of the justices’ decision by July 5, signaling a resentencing is imminent,” the report said.
“Reffitt was convicted on five counts, including obstruction of an official proceeding. The charge, stemming from Section 1512(c)(2), makes it a crime to ‘corruptly’ obstruct, impede or interfere with official inquiries and investigations by Congress. It carries a maximum of 20 years in prison and has been used to prosecute more than 350 rioters accused of interrupting Congress’s certification of the 2020 electoral vote,” it said.
Out of all the rioters who were convicted or reached plea deals, 50 received sentences specifically for the obstruction charge.
The judge overseeing Reffitt’s case is U.S. District Judge Dabney Langhorne Friedrich, appointed by former President Donald Trump, who has also instructed several other cases to be reconsidered in light of the Supreme Court’s ruling.
“The Supreme Court’s decision could also cause one of the most notorious rioters from the Capitol attack to face prosecution again, the DOJ signaled in recent court filings: Jacob Chansley, dubbed the ‘QAnon Shaman,’” it said.
“Chansley pleaded guilty to obstruction of an official proceeding and was sentenced to 41 months in prison without a trial. He was released early last year, but in recent court filings, prosecutors said the Supreme Court’s decision ‘may create a situation where evidence must be preserved and Defendant tried,’ not expanding further on the matter,” it said.
The U.S. Supreme Court’s decision on Friday may be a boon for former President Donald Trump, as the court sided with a former police officer, Joseph Fischer, who is seeking to have an obstruction charge related to his involvement in the Capitol riot on January 6, 2021 dismissed.
Fischer’s victory by a 6-3 vote means the case will now be reconsidered by lower courts to determine if the Justice Department can still prosecute him under a revised legal understanding.
The court found that the law in question, 18 U.S. Code 1512, was originally intended to apply only in specific situations involving physical evidence alteration and not broadly to cases like Fischer’s.
This decision could have far-reaching implications for other defendants facing similar charges in connection with the Capitol riot.
“To what extent the ruling favors Trump remains to be seen. Even if Fischer prevails in the case against Trump, prosecutors claimed that a stricter interpretation of the law would still apply to Trump’s actions. Fischer faces seven criminal charges, only one of which was the focus of the Supreme Court case. Even if the obstruction charge is ultimately dismissed, the other charges, including assaulting a police officer and entering a restricted building, will remain in place,” NBC News reported.
“The court, which has a 6-3 conservative majority, has in the past been skeptical of prosecutors when they assert broad applications of criminal provisions. In his election interference case, Trump faces four charges, including one count of obstructing an official proceeding and another of conspiracy to do so,” the outlet added.
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2 Comments
Why is the Capital Building a “Restricted Building” since it is OUR Nations capital and owned by every citizens in the nation? Should it not be an open building for all to come to see and not just a haven for elected criminals? I can see certain parts of it being restricted but not the whole darn thing unless the elected criminals are tryig to hide ther skuduggery and questionable activities. Just saying, it don’t seem right to me.
The Capital Building does belong to us Citizens. The Democrats do NOT anyone in it except themselves so that we Americans don’t know what is really going on!