During a recent court session, Solicitor General Elizabeth Prelogar shed light on the Justice Department's approach to using obstruction charges in cases related to the January 6 Capitol riot. Prelogar clarified that the obstruction law has been applied selectively, specifically targeting defendants who were aware of the Electoral College vote counting on that day and made deliberate attempts to disrupt Congress.
Prelogar emphasized the importance of proving that defendants had prior knowledge of Congress convening on January 6 and had a clear intention to interfere with the joint session. Factors such as threats of violence, readiness to use violence, possession of tactical gear, or paramilitary equipment were highlighted as indicators of intent to obstruct.
