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DOJ Reviews Cases in Wake of Supreme Court Defeat on Jan. 6 Obstruction Charge

 July 9, 2024

The recent U.S. Supreme Court ruling in favor of a man charged in the Jan. 6 Capitol unrest has forced the Justice Department to reexamine its prosecutorial approach in a host of related prosecutions.

The decision, which came as a disappointment to the Biden White House, affects over 350 demonstrators originally charged with obstructing certification of the 2020 electoral vote, and it has led to disruptions in numerous ongoing criminal matters, as The Hill reports.

Supreme Court's Decision Shakes Prosecutions

The high court recently ruled that the DOJ overstepped in its prosecution of some Jan. 6 Capitol demonstrators, specifically regarding the charge of obstructing an official proceeding. This critical decision has led to a significant reevaluation of several ongoing cases against the defendants. As a result, federal prosecutors are scrambling to redefine how they use the now-narrowed obstruction charge.

The Supreme Court's decision directly impacts more than 350 individuals who were charged with obstructing Congress’s certification of the 2020 electoral vote. This ruling has prompted many trial-level judges to reopen cases linked to the Jan. 6 breach at the Capitol, posing a challenge to the DOJ's original strategies.

Among those affected are defendants like Jacob Chansley and Klete Keller, whose cases will most likely see changes. The weakened charge could also touch on Guy Reffitt’s potential resentencing, which federal prosecutors are currently revisiting post Supreme Court judgment.

Prosecutors Request Time for Impact Assessment

In light of the ruling, the DOJ is seeking to delay sentencing for specific defendants in order to thoroughly reassess the implications. Assistant U.S. Attorney Kathryn Rakoczy has requested a continuance of 30-60 days for two rioters with ties to the Oath Keepers to gauge the full impact of the Supreme Court’s decision.

"Here, the United States seeks a continuance to assess the impact of the Fischer decision," Rakoczy said. She emphasized that "a brief continuance of 30-60 days would not prejudice the defendant or the Court; to the contrary, it would help to ensure a uniform and consistent approach before each judge of the District and Circuit."

Federal prosecutors are actively redefining their application of the narrowed obstruction charge. This involves carefully evaluating each case to determine how to proceed under the new judicial guidelines established by the Supreme Court.

Judicial Clarifications and Ongoing Evaluations

Assistant U.S. Attorney Risa Berkower provided important context, noting that the Supreme Court didn’t entirely dismiss the obstruction charge in the Jan. 6 cases. Instead, it requires the government to prove that a defendant either "impaired the availability or integrity for use in an official proceeding of records, documents, objects, or other things used in the proceeding -- such as witness testimony or intangible information -- or attempted to do so."

Justice Ketanji Brown Jackson's concurring opinion also suggested that, despite the narrowed scope, some defendants might still be prosecuted under the refined terms of the obstruction charge. This implies that the ruling, while restrictive, does not entirely eliminate the possibility of pursuing these charges under the proper circumstances.

Federal prosecutors argue that the Supreme Court ruling doesn't make their job impossible but changes the legal landscape significantly. They're currently working to interpret the decision’s full implications for pending and future cases.

Political Repercussions and Support for Rioters

The Supreme Court’s decision has broader political ramifications as well. Former President Trump and his supporters have celebrated the ruling, viewing it as a vindication. Trump himself labeled the decision a "BIG WIN!" highlighting its significance within his camp, given that he was facing two counts based on the obstruction charge.

Additionally, Jon Lewis, a researcher, indicated that the decision might add fuel to the narratives of right-wing groups. "I think what is perhaps more significant is the rhetorical win this provides to right-wing narratives around a deep state persecution and Jan. 6 political prisoners," Lewis said.

He added, “This ruling will be twisted and weaponized as validation of every conspiracy and every grievance that has emerged out of this milieu in recent years, and will be used to rally another ‘stop the steal’ coalition in advance of the upcoming election.”

Special Counsel and Future Proceedings

At the same time, special counsel Jack Smith has argued that the obstruction charges against former President Trump arose from different actions not included in the Supreme Court’s recent ruling. Chief Justice John Roberts indicated that these charges would undergo reassessment in trial-level courts in the wake of the decision.

With the Supreme Court decision casting doubt on the DOJ's initial approach, prosecutors are now tasked with navigating this changed legal terrain to continue holding Jan. 6 participants accountable. The near-term focus will be on how new definitions and interpretations from the Supreme Court ruling will influence future prosecutions and resentencings.

This sets up a potentially long legal battle as the DOJ attempts to reassert its prosecutorial capabilities within the confines of the new ruling.

DOJ Faces New Legal Challenges

The DOJ's pivot reflects its commitment to prosecuting those involved in the Jan. 6 Capitol unrest, albeit under the constraints of the recent Supreme Court decision. Federal prosecutors will need to demonstrate how defendants impaired the official proceeding to comply with the Supreme Court’s clarified standards.

This ongoing recalibration further underscores the complexity and heightened scrutiny facing the DOJ in its pursuit of justice for the events of Jan. 6. The far-reaching consequences will be observed as trial-level courts begin to apply the Supreme Court’s instructions case by case.

As the Supreme Court ruling continues to reverberate through the judicial system, the DOJ’s approach and subsequent proceedings will be pivotal in shaping the narrative around accountability for the Capitol breach. The evolving legal landscape will be closely monitored as the implications of this decision unfold.