Houston Chronicle

High court questions charges in Jan. 6 riot

- By Mark Sherman

WASHINGTON — The Supreme Court on Tuesday questioned whether federal prosecutor­s went too far in bringing obstructio­n charges against hundreds of participan­ts in the Jan. 6, 2021, Capitol riot. But it wasn’t clear how the justices would rule in a case that also could affect the prosecutio­n of former President Donald Trump, who faces the same charge for his efforts to overturn his election loss in 2020.

The justices heard arguments over the charge of obstructio­n of an official proceeding in the case of Joseph Fischer, a former Pennsylvan­ia police officer who has been indicted for his role in disrupting Congress’ certificat­ion of

Joe Biden’s 2020 presidenti­al election victory over Trump. Fischer is one of 330 people facing that charge, which stems from a law passed in the aftermath of the Enron financial scandal more than two decades ago to deal with the destructio­n of documents.

Trump is facing two charges in a separate case brought by special counsel Jack Smith in Washington that could be knocked out with a favorable ruling from the nation’s highest court. Next week, the justices will hear arguments over whether the former president and presumptiv­e nominee for the 2024 Republican nomination has “absolute immunity” from prosecutio­n in that case, a propositio­n that has so far been rejected by two lower courts.

Smith has argued separately in the immunity case that the obstructio­n charges against Trump are valid no matter how the court decides Fischer’s case. The first former U.S. president under indictment, Trump is on trial on hush money charges in New York and also has been charged with election interferen­ce in Georgia and with mishandlin­g classified documents in Florida.

It was not clear after more than 90 minutes of arguments precisely where the court would land in Fischer’s case. Conservati­ve justices Samuel Alito and Neil Gorsuch appeared most likely to side with Fischer, while liberal Justices Elena Kagan and Sonia Sotomayor seemed more favorable to the Justice Department’s position.

The obstructio­n charge is among the most widely used felony charges brought in the massive federal prosecutio­n following the violent insurrecti­on. It carries a maximum prison term of 20 years, but Prelogar said the average term imposed so far is about two years.

Roughly 170 Jan. 6 defendants have been convicted of obstructin­g or conspiring to obstruct the Jan. 6 joint session of Congress, including the leaders of two farright extremist groups, the Proud Boys and Oath Keepers. A number of defendants have had their sentencing­s delayed until after the justices rule on the matter.

Some rioters have even won early release from prison while the appeal is pending over concerns that they might end up serving longer than they should have if the Supreme Court rules against the Justice Department. They include Kevin Seefried, a Delaware man who threatened a Black police officer with a pole attached to a Confederat­e battle flag as he stormed the Capitol. Seefried was sentenced last year to three years behind bars, but a judge recently ordered that he be released one year into his prison term while awaiting the Supreme Court’s ruling.

Most lower court judges who have weighed in have allowed the charge to stand.

More than 1,350 people have been charged with Capitol riotrelate­d federal crimes. Approximat­ely 1,000 of them have pleaded guilty or been convicted by a jury or judge after a trial.

A decision is expected by late June.

Newspapers in English

Newspapers from United States