Miami Herald

Supreme Court casts doubt on obstructio­n charges against hundreds of Jan. 6 rioters

- BY DAVID G. SAVAGE Los Angeles Times

WASHINGTON

The Supreme Court cast doubt Tuesday on the legality of obstructio­n charges lodged against some 300 rioters arrested for breaking into the Capitol on Jan. 6, 2021.

The court’s conservati­ves questioned whether the 2002 Sarbanes-Oxley Act, which was aimed at corporate accounting fraud, can be used more broadly to prosecute those who obstruct “any official proceeding,” including Congress’ 2021 certificat­ion of President Joe Bithe den’s election victory.

Chief Justice John G. Roberts Jr. and Justice Neil M. Gorsuch noted that the law made it a crime to destroy or conceal documents to impair an “official proceeding,” but they voiced doubt over extending it to any disruption­s of a proceeding.

“Would a sit-in that disrupts a trial qualify?” Gorsuch asked. “Would a heckler in today’s audience qualify? Would pulling a fire alarm before a vote qualify for 20 years in prison?”

While the court’s three liberals appeared to agree with prosecutor­s that the law can be read broadly,

six conservati­ves sounded skeptical.

A ruling that limits the obstructio­n law could also undercut the prosecutio­n of former President Donald Trump. Two of the four criminal charges against him are based on the obstructio­n law.

Special counsel Jack Smith, however, has said the charges against Trump rest on stronger grounds because Trump allegedly schemed to submit false slates of electors to Congress.

Trump’s case did not figure in Tuesday’s argument. Next week, justices will hear Trump’s claim that he is immune from criminal charges that arose from his “official acts” as president.

The court’s ruling in Fischer v. United States could also deal a blow to other Jan. 6 prosecutio­ns, although it would not prevent the punishing of those who broke into the Capitol on the day Congress was due to certify Biden’s victory in the 2020 election.

More than 1,200 of the rioters were arrested for their actions. Most were charged with assaulting the police officers who were on duty or with disorderly and disruptive conduct. Some were also charged with carrying dangerous or deadly weapons.

The FBI delved into the background­s and motives of those who went to the Capitol. On the basis of those investigat­ions, about 330 of the rioters also were charged with seeking to obstruct an official proceeding.

One of those was Joseph Fischer, an off-duty Pennsylvan­ia police officer, who said on social media that he expected the attack on the Capitol “might get violent” but that it was needed “to send a message that we the people hold the real power.”

When Fischer was arrested, the charges against him included obstructio­n, a felony charge that could send him to prison for several years. A federal judge rejected the obstructio­n charge in his case, but the U.S. Court of Appeals restored it in a 2-1 decision. The Supreme Court agreed to hear his appeal.

Most of the justices describe themselves as “textualist­s” who decide cases on the basis of the words of the laws.

The Sarbanes-Oxley law was adopted after the collapse of the energy firm Enron in an accounting scandal that also took down the Arthur Andersen accounting firm. Congress wanted to make clear that shredding documents was prosecutab­le.

At issue was how to interpret two clauses in the law. It says it is a crime if someone “corruptly alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availabili­ty for use in an official proceeding; or otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so.”

U.S. Solicitor Geneneral Elizabeth Prelogar said the prosecutio­ns rely on a “straightfo­rward applicatio­n” of the law as written.

The justices are likely to hand down a ruling in late June.

 ?? KENT NISHIMURA Los Angeles Times/TNS ?? Protesters at the U.S. Capitol on Jan. 6, 2021, halted a joint session of Congress that was being held to certify Joe Biden as the winner of the 2020 presidenti­al election. Charges against about 300 people who were there include obstructio­n.
KENT NISHIMURA Los Angeles Times/TNS Protesters at the U.S. Capitol on Jan. 6, 2021, halted a joint session of Congress that was being held to certify Joe Biden as the winner of the 2020 presidenti­al election. Charges against about 300 people who were there include obstructio­n.

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