The Supreme Court recused prosecutors in the files surrounding the storming of the Capitol on January 6, 2021, ruling that prosecutors had gone too far in their use of an obstruction law in those cases. The law in question, passed in 2002 in response to the financial scandal that brought down Enron, was not deemed applicable to many in this scenario. The judges found that the obstruction law was intended to apply in more limited circumstances, such as evidence of tampering with evidence. Therefore, the charge of obstruction must include evidence that defendants attempted to tamper with or destroy documents.
The decision stemmed from the conviction of Joseph Fischer, a former Pennsylvania police officer who participated in the “Stop the Steal” rally before storming and entering the Capitol. The ruling means that only some of those who violently invaded the Capitol in 2021 will be included in the obstruction charge. Of the more than 1,400 cases involving the storming of the Capitol, 247 are affected by the ruling, with only 52 cases where the obstruction charge was the only charge.
Former President Donald Trump is being prosecuted for his efforts to nullify the 2020 presidential election, including charges related to obstruction of official proceedings. The Supreme Court ruling does not mean the obstruction charge against Trump should be dropped, as prosecutors still have strong arguments to uphold the charge. The obstruction law can still be used if prosecutors can prove that suspects not only attempted to enter the building, but also attempted to prevent the arrival of specific certificates used to count votes and determine election results.