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Supreme Court says Some Capitol Rioters Were Incorrectly Charged

Supreme Court makes it harder to charge Capitol riot defendants with obstruction, charge Trump faces

The Supreme Court has made it harder for prosecutors to use an obstruction charge against participants in the Jan. 6, 2021 riot at the Capitol.

 

WASHINGTON (AP) — The Supreme Court on Friday limited a federal obstruction law that has been used to charge hundreds of Capitol riot defendants as well as former President Donald Trump.

The justices ruled 6-3 that the charge of obstructing an official proceeding, enacted in 2002 in response to the financial scandal that brought down Enron Corp., must include proof that defendants tried to tamper with or destroy documents. Only some of the people who violently attacked the Capitol on Jan. 6, 2021, fall into that category.

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The overwhelming majority of the approximately 1,000 people who have been convicted of or pleaded guilty to Capitol riot-related federal crimes were not charged with obstruction and will not be affected by the outcome.

Still, the decision is likely to be used as fodder for claims by Trump and his Republican allies that the Justice Department has treated the Capitol riot defendants unfairly.