Dec. 13 (UPI) — The Supreme Court said on Wednesday it will hear a challenge to the federal government using its obstruction law to prosecute hundreds of cases connected to the Jan. 6, 2021, assault on the U.S. Capitol.
The Justice Department has used the law to charge more than 300 people connected to the riot. Former President Donald Trump with a single count of corruptly obstructing and impeding an official proceeding.
The Supreme Court is not expected to hear the case until next year and it could be one of the last decisions it will release in late June, as the primary season for both parties will be wrapping up.
The case stems from three alleged rioters — Edward Lang, Garrett Miller and Joseph Fischer — who had their obstruction charges dismissed by a lower court after the judge ruled the law only applied concerning documents, records, or other objects to corruptly obstruct, impede or influence an official proceeding.
An appeals court, however, reinstated the charges in a 2-1 decision, saying it interpreted the provision to apply to all forms of obstruction.
“Congress prohibited conduct that intentionally and wrongfully obstructs official proceedings,” Justice Department appellate counsel James Pearce wrote. “The ordinary meaning of ‘obstruct, influence, or impede’ encompasses a range of conduct designed to frustrate an official proceeding.”
Notably, several members of the Proud Boys and OathKeepers groups faced the charge and were convicted.
