On Friday, The Supreme Court made it harder to charge Capitol riot defendants with obstruction — a charge that also has been brought against former President Donald Trump. In a 6-3 ruling, the justices held that the charge of obstructing an official proceeding, enacted in 2002 in response to the financial scandal that brought down Enron Corp., must include proof that defendants tried to tamper with or destroy documents. Only some of the people who violently attacked the Capitol on Jan. 6, 2021, fall into that category. The decision could be used as fodder for claims by Trump and his Republican allies that the Justice Department has treated the Capitol riot defendants unfairly, the Associated Press reports.
The court returned the case of former Pennsylvania police officer Joseph Fischer to the D.C. circuit court to determine if Fischer can be charged with obstruction. Fischer has been indicted for his role in disrupting Congress’ certification of Democrat Joe Biden’s 2020 presidential election victory over Trump. It’s unclear how the court’s decision will affect the case against Trump in Washington, although special counsel Jack Smith has said the charges faced by the former president would not be affected. The opinion was authored by Chief Justice John Roberts. Justice Amy Coney Barret dissented, along with Justice Sonia Sotomayor and Justice Elena Kagan.
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