The Supreme Court ruled that there are limits on charging January 6 rioters with obstruction, in a case that will impact former President Trump’s 2020 federal election interference case.
The 6-3 decision could upend hundreds of cases stemming from the January 6 riot, including Donald Trump’s election fraud trial.
The court’s ruling makes it harder for January 6 defendants to be charged with obstructing an official proceeding – which carries up to 20 years in prison.
That is among the four charges facing former President Donald Trump in Special Counsel Jack Smith’s federal case.
At least 152 people have been convicted of obstructing an official proceeding, according to the Associated Press, a crime punishable by up to 20 years in prison.
In all, the charge has been brought against about 350 people accused of trying to prevent Congress certifying Joe Biden’s 2020 election victory.
The case was brought by former Boston police officer Joseph Fischer who was indicted on seven charges following the 6 riot including one count for anyone who ‘corruptly … obstructs, influences and impedes any official proceeding.’
Justice John Roberts, who wrote the opinion Friday, limited the ‘obstruction of Congress’ charge that has been used by the federal government to prosecute January 6 defendants.
Roberts called that law – which carries a 20-year prison sentence – ‘one of the more severe potential punishments.’
A broad interpretation of the law ‘would also criminalize a broad swath of prosaic conduct, exposing activists and lobbyists to decades in prison,’ Roberts continued.
On average, the sentence for obstruction for those rioters already found guilty was 28 months, according to a Washington Post database.
Justices Elena Kagan and Sonia Sotomayor dissented – and were joined by Justice Amy Coney Barrett.
Attorney General Merrick Garland said he was ‘disappointed’ by the court’s decision.
It ‘limits an important federal statute that the Department has sought to use to ensure that those most responsible for that attack face appropriate consequences,’ said Biden’s top law enforcement official.
A lower court dismissed the charge after Fischer’s lawyers argued he did not try to interfere with any documents or records.
Federal prosecutors appealed and a three-judge panel on the D.C. circuit reinstated the charge.
Trump faces four charges brought by the special counsel: Conspiracy to obstruct an official proceeding; obstruction of and attempt to obstruct an official proceeding; conspiracy to defraud the United States; and conspiracy to deprive citizens of their voting rights.
Trump has pleaded not guilty to these charges, and to dozens more charges stemming from three other criminal prosecutions.
His trial has been pushed off until the Supreme Court rules whether he is immune from prosecution.
The decision comes as Trump is facing criminal charges in three criminal cases and has already been found guilty on 34 counts of falsifying business records in New York last month.
He is the first former president to ever be convicted of a crime.
During oral arguments where some wild hypotheticals were addressed, the justices appeared to reject granting presidents absolute immunity, but their line of questioning suggested they could delay Trump’s trial as he runs for president for a third time.
Liberal justices fretted that ruling presidents have full immunity would be no different than creating a king who could have power to stage a military coup or assassinate political opponents.
Conservative justices signaled they wanted to provide at least some legal safeguards to protect Trump and future presidents from political prosecution.