The Department of Justice has dropped nearly half of the obstruction charges against Jan. 6 defendants following a Supreme Court ruling in June, according to recent data. The ruling in Fischer v. United States clarified that the DOJ had misapplied an obstruction statute in charging Jan. 6 protesters, leading to significant case dismissals.
The statute in question carries up to 20 years in prison and was used broadly to charge Jan. 6 defendants. However, the Supreme Court’s decision narrowed its interpretation, requiring the government to prove that the defendant impaired the availability or integrity of materials used in an official proceeding.
As a result, about 60 of the 126 defendants with pending obstruction charges have had those charges dropped. Despite this, the DOJ continues to pursue charges against 13 other defendants, while the remaining cases are still under review.
In a concurring opinion, Justice Ketanji Brown Jackson noted that obstruction charges could still be appropriate in cases where a defendant disrupted the integrity of materials used during the Jan. 6 proceedings. The DOJ has stated that even if the obstruction charges are dismissed, none of the defendants will avoid facing additional charges.
Of the 133 defendants whose cases were adjudicated before the Supreme Court’s ruling, the DOJ has indicated it will not oppose the dismissal of charges in approximately 40 cases, with more reviews ongoing.
