(LibertySons.org) – The Department of Justice charged more than 1,000 people with crimes related to the January 6, 2021, incident on Capitol Hill. The Supreme Court cast doubt on hundreds of those prosecutions with a ruling in June. The DOJ is trying to preserve some cases but has started dropping others.
On June 28, the Supreme Court ruled against the Department of Justice in the case of Fischer v. United States. The case involved hundreds of obstruction charges against the January 6 protesters. Prosecutors charged the defendants under the Sarbanes-Oxley Act. The allows charges against anyone who “alters, destroys, mutilates, or conceals a record, document,” and anyone who “obstructs […] impedes any official proceeding.”
The justices ruled that the government must prove that the 350+ people charged with obstruction of Congress were also tampering with or destroying documents. Attorney General Merrick Garland issued a statement after the ruling was handed down, saying none of the January defendants were only charged under the Sarbanes-Oxley Act. He said the DOJ would continue using “all available tools” to hold the defendants accountable.
On July 12, the DOJ filed a status update in one of the cases against a January 6 defendant. Prosecutors cited the Supreme Court ruling and asked the judge presiding over the case for more time to evaluate the obstruction charges. It appears prosecutors are desperately trying to salvage the case.
That’s not the case with some of the other defendants. According to reports, federal prosecutors have begun dropping charges against some of the individuals charged with crimes related to the attempt to stop the certification of the 2020 election. They are also offering plea deals for some of the other defendants.
The defendants whose charges might be dropped include some who prosecutors have said went to Congress that day to block the certification, not just protest. Up to 259 January 6 defendants awaiting trial or having already been convicted could seek to vacate their convictions or have the charges dropped.
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