After a key Supreme Court decision in June, the Biden DOJ has dropped nearly half of the pending obstruction charges against defendants involved in the Jan. 6 protests. The ruling, tied to Fischer v. United States, found that the DOJ had applied an obstruction statute too broadly in prosecuting those involved in the protests.
The obstruction statute, which carries a potential 20-year sentence, was originally used to charge many Jan. 6 defendants. However, the Supreme Court clarified that to prove obstruction, the government must show that the defendant impaired the availability or integrity of materials used in an official proceeding.
Since the ruling, approximately 60 of the 126 defendants with pending obstruction charges have seen those charges dismissed, according to DOJ data from Sept. 6. The DOJ continues to pursue charges for 13 defendants and is still reviewing others.
Justice Ketanji Brown Jackson’s concurring opinion left open the possibility of continued prosecution in cases where a defendant attempted to disrupt the materials used during the Jan. 6 proceedings. The DOJ also confirmed that no defendants were charged solely under 18 U.S.C. § 1512, so they will still face other charges.
For defendants whose cases were already adjudicated, the DOJ has stated that it will not oppose dismissal in about 40 cases, with the rest still under review.
