In June, SCOTUS ruled that the U.S. government’s definition of “obstruction” was too broad. The implications were obvious. The Department of Justice went too far in its relentless pursuit of alleged “obstruction charges” in their persecution of January 6 protestors.
The term was adopted by prosecutors looking for a more substantial charge than just protesting but not as severe as crimes like sedition. They believed storming the Capitol to force lawmakers to leave while they were finalizing the election results was more serious than a minor offense.
However, a 6-3 majority in the Supreme Court ruled in the case of Joseph W. Fischer that when the government charges someone with a crime, the actions must match the law. For the DOJ to continue harassing protestors, Congress would need to create a new law.
Now, red-faced federal prosecutors are quietly dropping charges against people involved in the January 6 events. They are also offering defendants new plea deals.
Prosecutors are reacting to the Supreme Court’s June 28 decision. According to the decision, the Justice Department can’t charge people with obstruction for blocking Congress’s election certification. The court decided that the law only applies to things like messing with or destroying evidence, such as records or documents.
Since the ruling, U.S. prosecutors have extended deadlines in related Capitol breach cases to consider their options. For defendants wanting to back out of plea deals, prosecutors might threaten added charges or bring back previously dropped charges. They could also ask judges to keep sentences based on the defendants’ “overall behavior,” even if the obstruction charge is dropped.
Prosecutors will wait to see how lower courts react to claims that some defendants tried to manipulate evidence related to the election certification, like ballot slips. This could give them the green light to continue pursuing “obstruction” if they can prove it.
As many as 259 people involved in the January 6 events might try to have their convictions, sentences, or plea deals overturned. However, most might not gain much since they’re also convicted of other serious crimes.
According to the Justice Department, only 57 out of 133 people have been convicted and sentenced for that specific charge. Only 17 are still in prison and would benefit from a shorter sentence. That’s less than 2 percent of the 1,400 January 6 cases.
Around 126 defendants still await trial or sentencing on the obstruction charge. Most of them don’t have any other felony charges against them. Some of these individuals were part of groups that “planned violence.” Others are accused of “serious” actions, like visiting the Senate chamber or entering lawmakers’ offices during the protest.
Most of these 126 defendants are out on bail, except for a few who are facing other felony charges, serving time for different crimes or have violated their bond conditions.
Proud Boys member Nathaniel Tuck was charged with obstruction alongside his father, Kevin Tuck. Both men and a third defendant, Edward George Jr. from North Carolina, pleaded not guilty.
Desperate to keep the cases moving, the Assistant U.S. Attorney stated that the government was against delaying the trial. He told the defendants the obstruction charge would be dropped to avoid further delays. Plea deals were also offered to other defendants.
Tuck’s attorney mentioned that he has another client facing trial soon, but prosecutors haven’t revealed their plans. He pointed out that proving charges related to influencing the electoral votes is difficult without evidence proving that was the defendants’ intention before the incident. Shipley believes that, like Tuck’s, many cases are being dropped because there isn’t enough evidence to support such claims.
Many defendants now have a better chance of receiving a lighter sentence. Some people who were released early from prison while waiting for an appeal after the Supreme Court’s decision include Kevin Seefried from Delaware, who brought a Confederate flag to the Capitol; Alexander Sheppard from Ohio, who broke through police lines and was one of the first rioters inside; and Thomas B. Adams Jr. from Illinois, who entered the Senate chamber wearing a Trump flag as a cape. Each of them was released after serving about a third of their sentences. None of them had any other felony convictions.
Some defense attorneys believe that many sentences will be appealed throughout 2024, especially for those currently in jail. But it’s not an “all-clear” for these embattled defendants. New charges can still be filed until January 2026, five years after the Capitol breach.
That’s exactly five years longer than the DOJ’s efforts to hold violent protestors accountable for the summer of 2020, which nearly burned an entire nation to the ground.