SCOTUS Questions Justice Department's Handling of Jan. 6 Prosecutions
Summary from the AllSides News Team
On Tuesday, the Supreme Court heard arguments regarding federal charges of obstruction leveled against protestors involved in the January 6 Capitol riot.
Details: Outlets across the spectrum agreed that the Justices appeared likely to rule against the Justice Department, potentially impacting the prosecutions of more than 250 Jan. 6 protestors. The arguments centered around whether the obstruction law is applicable to the protestors.
The Law: The law in question was passed in 2001 following a scandal where Enron destroyed documents in an attempt to conceal fraud. The law reads, “Whoever corruptly — (1) 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 (2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.” The Justice Department argued the obstruction law extends to congressional proceedings, such as the certification of the results of a presidential election, but the conservative-majority court appeared doubtful of this interpretation.
How the Media Covered It: The Washington Times (Lean Right bias) labeled the DOJ’s interpretation of the obstruction law “aggressive.” Newsweek (Center bias) focused coverage around criticism toward Justice Clarence Thomas, whose wife reportedly encouraged efforts to overturn the 2020 election. Outlets across the spectrum noted that a ruling against the DOJ could impact similar charges leveled against former President Donald Trump.
Featured Coverage of this Story
From the Left
Supreme Court Appears Skeptical of Using Obstruction Law to Charge Jan. 6 RiotersThe Supreme Court seemed wary on Tuesday of letting prosecutors use a federal obstruction law to charge hundreds of rioters involved in the Capitol attack on Jan. 6, 2021.
A decision rejecting the government’s interpretation of the law could not only disrupt those prosecutions but also eliminate two of the federal charges against former President Donald J. Trump in the case accusing him of plotting to subvert the 2020 election.
Mr. Trump’s case did not come up at the argument, which was largely focused on trying to make sense of...
From the Center
Clarence Thomas Faces Backlash Over Jan. 6 Case Comments: 'What a Disgrace'Supreme Court Justice Clarence Thomas faced criticism on Tuesday over comments he made during a case focused on the January 6, 2021, riot at the Capitol.
"In oral argument today, Justice Thomas is minimizing the severity of the 1/6 insurrection at the Capitol. Perhaps that's because his wife was part of the conspiracy. What a disgrace that he's sitting on this case," lawyer and former CNN legal analyst Jeffrey Toobin wrote on X, formerly Twitter.
Thomas made comments on Tuesday as the Supreme Court heard arguments in a case relating...
From the Right
Supreme Court grapples with obstruction charge lobbed at 350 Jan. 6 defendants, including TrumpThe Supreme Court struggled Tuesday with the government’s case against 350 defendants from the Jan. 6, 2021, protest at the U.S. Capitol, with justices pondering how a law written in the aftermath of the Enron document-shredding scandal could be applied to those who delayed the certification of the 2020 presidential election.
The law criminalizes obstructing or impeding an official proceeding. The Biden administration says it goes beyond courtrooms and criminal investigations and covers Congress’ electoral vote count.
Republican-appointed justices repeatedly challenged the Justice Department’s aggressive use of the law against...
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