Biden DOJ Dropped Nearly Half of Pending Obstruction Charges for January 6 Defendants After Supreme Court Ruling

January Six

The Biden Department of Justice (DOJ) dropped nearly half of pending obstruction charges against Jan. 6 defendants since the Supreme Court issued a major ruling in June, according to recent data.

The Supreme Court ruled in June that in charging Jan. 6 defendants, the DOJ had interpreted too broadly a statute that carries up to 20 years in prison for anyone who corruptly “obstructs, influences, or impedes any official proceeding.” Since the Fischer v. United States ruling, around 60 of 126 defendants had the pending obstruction charges dropped, DOJ data from Sept. 6 shows.

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Commentary: Is SCOTUS Poised to Overturn Key J6 Felony Count?

An order published by the Supreme Court on December 13 represented a moment hundreds of January 6 defendants and their loved ones had been waiting for: the highest court granted a writ of certiorari petition in the case of Fischer v. USA.

In a nutshell, after more than two years of litigation before federal judges in Washington, SCOTUS will review the Department of Justice’s use of 1512(c)(2), obstruction of an official proceeding, in January 6 cases. A “splintered” 2-1 appellate court ruling issued in April just barely endorsed the DOJ’s unprecedented interpretation of the statute, passed in 2002 as part of the Sarbanes-Oxley Act in the aftermath of the Enron/Arthur Anderson accounting scandal.

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Liberty Safe Changes Access Code Policy After January 6 Controversy, Will Now Require Law Enforcement Subpoena

Liberty Safe, the company currently facing backlash for giving the access code to a safe owned by a January 6 defendant to the FBI, announced a change to its company policy yesterday regarding how it complies with law enforcement in the wake of the controversy.

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Biden DOJ Begs Congress for Another $34 Million to Target January 6 Defendants

Department of Justice building, street view

The DOJ pleaded for that funding in its 2023 budget request, saying U.S. Attorneys’ offices would have to cut budgets to pay for Jan. 6 prosecutions otherwise, the outlet reported. The department’s investigation has already resulted in more than 870 arrests, with hundreds of identified Jan. 6 riot participants avoiding arrest so far.

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