The US Supreme Court ruled this Friday (28) that charging the Capitol invaders on January 6, 2021, with obstruction of justice was improper and that the Department of Justice (prosecution) exceeded its authority.
By a vote of 6 to 3, the nation’s highest court ruled that the US Justice Department went too far in charging hundreds of people who rioted at the Capitol with obstruction.
The ruling means that lower courts will now apply that standard and likely dismiss charges against many defendants.
This decision could also have an influence on one of the cases against former Republican President Donald Trump – which cites his alleged involvement in the attack on the Capitol and his alleged attempt to interfere in the election – since special prosecutor Jack Smith included obstruction of an official process among the four charges against the magnate in that trial.
Although Smith, who is leading the investigation, claims that Trump’s obstruction of congressional proceedings is much broader than that of the attackers, it is likely that the former president’s legal team will try to build on the Supreme Court ruling.
On Jan. 6, about 10,000 people — most reportedly supporters of then-Republican President Donald Trump — marched to the Capitol and about 800 stormed the building as Joe Biden’s 2020 election victory was being certified. Five people were killed and around 140 police officers were injured.
Since then, more than 1,000 people have been arrested in nearly all 50 states for crimes related to the attack, and more than 350 have been charged with assault or obstructing law enforcement, according to the Justice Department.
The Supreme Court ruled Friday that charges can be brought against the protesters if prosecutors can prove they tried not only to force their way into the building but also to prevent the arrival of certificates confirming the election results.
Chief Justice John Roberts wrote the majority opinion, which included progressive Justice Ketanji Brown Jackson.
In turn, Judge Amy Coney Barrett presented a contrary opinion, joined by Judges Sonia Sotomayor and Elena Kagan.
The Supreme Court’s decision outraged the US Justice Department, led by Merrick Garland, which said it was “disappointed” that the ruling limited “an important federal statute that the agency sought to use to ensure that those most responsible for this attack face appropriate consequences.”
Garland said the vast majority of the more than 1,400 defendants will not be affected by the decision because “there are no cases in which the Department [de Justiça] charged a January 6th defendant only with the crime in question.”
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