has made it harder for the government to charge participants in the Jan. 6, 2021, insurrection with obstructing an official proceeding. The decision, handed down on Friday, casts uncertainty over hundreds of charges brought against insurrectionists.
The court’s decision will likely lead to the dismissal of similar charges brought against other participants in the Jan. 6 attack on the Capitol. About 170 participants in the attack have been convicted for obstructing an official proceeding., the presumptive 2024 Republican presidential nominee, could also see his charge under this statute dismissed in the case brought by federal prosecutors for his role in and leading up to the events of Jan. 6.
Fischer argued that “otherwise” should be read to mean “similar to,” while the government stated that “otherwise” meant “in a different manner.” The government’s reading of the statute, however, rejected the connection between the two lines. This had allowed charges to be brought against anyone who obstructed an official proceeding in any manner, regardless of whether it involved documents.The court ruled in favor of Fischer’s definition, saying the law was meant to close loopholes in criminal law banning evidence destruction, and that prior court precedents have defined “otherwise” in a similar manner.