Friday morning, the Supreme Court handed down a decision that has been anxiously awaited by thousands of defendants, family, and friends who are collectively part of the “January 6 Community.” Before the Court was the question of whether the Biden DOJ has been properly charging January 6 defendants under a statute involving a criminal obstruction of justice statute for “corruptly obstructing an official proceeding.” The particular statute being used came with a draconian potential maximum sentence of 20 years.
Without getting too deep into the legal weeds, the basic theory of the Government’s interpretation of the statute – 1512(c)(2) — was that it represented a “dragnet” for any kind of “obstructive conduct” that was not otherwise described in more specific types of conduct listed in 1512(c)(1).
Section 1512(c)(1) is a statute that, by its very terms, is…