A Republican member of the House Judiciary Committee recently questioned Attorney General Merrick Garland regarding a pending Supreme Court case that challenges the Justice Department's use of a federal corruption statute in prosecuting US Capitol rioters. During the hearing, GOP Rep. Thomas Massie asked Garland if the DOJ is prepared to drop charges against over 340 individuals charged with the federal corruption law and release dozens from prison if the Supreme Court rules against the department's use of the statute.
In response, Garland emphasized the DOJ's respect for the Supreme Court and stated that they would act appropriately based on the Court's ruling. When pressed further on the potential impact of the Supreme Court's decision on the pending criminal cases, Garland refrained from providing a definitive answer, stating that they would wait for the Court's decision.
The outcome of the Supreme Court's interpretation of the obstruction law in relation to the Capitol attack could have significant implications for numerous criminal cases, including that of former President Donald Trump, who faces charges of obstructing an official proceeding under the same law. However, it is noted that even if the Supreme Court limits the DOJ's use of the obstruction of justice charge against January 6 rioters, it is unlikely to result in the release of individuals currently imprisoned for their involvement in the riot.
Most of the rioters in custody are facing multiple felony charges, particularly related to violent acts against law enforcement officers who were safeguarding the Capitol during the events of January 6. The DOJ has seldom relied solely on the obstruction of justice charge in prosecuting January 6 rioters, with the majority of defendants facing multiple felony charges for their actions.
