The Supreme Court Could Weigh In on Alleged ‘Overcriminalization’ of January 6 Cases

Two Jan. 6 defendants are asking the Supreme Court to correct what they argue is “prosecutorial overcharging” before their cases go to trial.

Edward Lang and Garrett Miller, who allegedly both entered the Capitol on Jan. 6, are asking the Supreme Court to dismiss an obstruction charge against them before their trials, alleging prosecutors broadened an unrelated statute to “over-penalize” those who participated in the riots, according to their petitions. If the Supreme Court takes the case, it could have broad implications for hundreds of other Jan. 6 defendants indicted under the statute.

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