Judge squeezes DOJ's bid to revive Jan. 6 obstruction charges

Source: Politico

11/02/2024 05:16 PM EDT


A federal judge delivered a significant blow Friday to an attempt by the Justice Department to salvage felony obstruction charges against members of the mob that stormed the Capitol on Jan. 6, 2021, to prevent the transfer of power from Donald Trump to Joe Biden.

U.S. District Judge Beryl Howell ruled that the Supreme Court’s recent decision that gutted the routinely-used charge left virtually no wiggle room for prosecutors to revive them — even though the high court appeared to leave a path.

The Supreme Court in June ruled, 6-3, that prosecutors had improperly deployed the 20-year-old obstruction felony against members of the Jan. 6 mob. That law, an outgrowth of the Enron financial scandal, was aimed at preventing the destruction of evidence used by courts and congressional investigators —– and could not be applied in most cases to those who marauded through the Capitol, the justices said.

By the time of the Supreme Court ruling, prosecutors had charged more than 300 Jan. 6 defendants with obstruction. Justice Department lawyers have spent the ensuing months withdrawing dozens of felony counts, watching as judges freed dozens of defendants from lengthy jail sentences and attempting to fend off challenges brought by defendants who were already convicted of the charge.

Read more: https://www.politico.com/news/2024/11/02/judge-department-justice-bid-revive-jan-6-charges-00186926