Supreme Court's Obstruction Ruling Shakes Capitol Riot Cases

The Supreme Court's 6-3 ruling complicates obstruction charges for Capitol riot defendants by requiring proof of tampering with or destroying documents. This decision may influence cases against former President Donald Trump and others involved in the January 6, 2021, Capitol attack.

The Supreme Court on Friday tightened the criteria for charging Capitol riot defendants with obstruction, a move that affects hundreds of cases, including charges against former President Donald Trump. The justices, in a 6-3 decision, ruled the obstruction charge must include evidence that defendants attempted document tampering or destruction.

This ruling narrows the scope of the charge, initially enacted following the Enron financial scandal, to only a subset of the January 6 rioters who assaulted the Capitol. It provides potential political ammunition for Trump and Republican allies who argue that the Department of Justice has unfairly treated the Capitol riot defendants.

Chief Justice John Roberts, who authored the court's opinion, was joined by conservative Justices Samuel Alito, Neil Gorsuch, Brett Kavanaugh, Clarence Thomas, and liberal Justice Ketanji Brown Jackson. The court's decision has already led to revisiting former Pennsylvania police officer Joseph Fischer's case, indicted for his role in disrupting the certification of President Joe Biden’s election.