The Supreme Court confirmed it would hear an appeal whether the obstruction statute used to prosecute rioters was legitimately used by the DOJ, putting in danger two of four D.C. counts against Trump and delaying a vast number of cases.
New Setbacks for DOJ
Two rioters were recently released from prison, while several others have had their cases delayed indefinitely. After a near-perfect January 6 record, Politico reports that the DOJ is “stumbling” following the Supreme Court’s announcement that it will hear the appeal.
Was the DOJ Overreaching?
Since the Supreme Court’s decision will not be finalized until late spring, there is plenty of time to analyze what went wrong. Some claim that the prosecution was too broad. Former prosecutor Michael Sherwin, who oversaw some of the January 6 cases, told Politico, “I had a bright-line rule … that people should not have been charged if they just walked in through an open door.”
Barr Commented
Former AG Bill Barr said that the DOJ should not have bothered with prosecuting everyone who entered the Capitol unless they became violent. He told Politico, “I’ve been saying all the way through that people who engaged in violence and breached the Capitol should go to jail.” Anything else is a “waste of resources,” Barr concluded.
Comey Disagreed
Former FBI Director James Comey wrote in an op-ed in the Washington Post that while the rioters were “morons who bought Trump’s lies,” they “must be held accountable.”
The Case Against Trump
Jack Smith’s indictment in Washington D.C. charged the former president with “conspiring to defraud the United States, conspiring to disenfranchise voters, and conspiring and attempting to obstruct an official proceeding.” The trial was set for March 4, but delay is inevitable.
Could it Destroy the Case?
The SCOTUS’ decision could wipe away two charges by the DOJ. Still, the law in federal court is that two of Trump’s four charges, conspiracy to obstruct an official proceeding and obstruction, will stay even if others get rejected.
The Trial Before the Decision?
If the D.C. trial happens before the SCOTUS’ ruling, that could be a game-changer for all parties involved. According to CNN sources, Trump would have to sit a re-trial, and to prevent that from happening, Jack Smith’s office already argued that appeals over the obstruction charge shouldn’t affect Trump.
The Rioters Got Bolder
A Proud Boys member, Marc Bru, 44, was found guilty in October of obstruction of an official proceeding, civil disorder, and five misdemeanor charges. He got six years in prison and told the Judge on January 24, 2024, “You could give me 100 years, and I would still do it all over again.”
Trump’s Alleged Role
Governor Jay Inslee commented on the news about Bru’s lack of remorse, writing on X, “Trump pledged, if president, he would pardon people like this man. Bru said he’d do it all over if he had the chance.” The Washington Governor added, “No one should be allowed to do this ever again.”
Trump Called for the Release of January 6 “hostages”
In early January, the former president said, “Release the J6 hostages, Joe.” Trump added, “Release them, Joe. You can do it real easy, Joe.”
Change in Rhetorics
Liz Cheney commented on Trump’s remarks, “You can’t say that you’re pro-law enforcement if you then go out and you say these people are hostages.” But, the term is gaining momentum, and numerous pro-Trump lawmakers are using it while implying “the weaponization of the federal government against not just President Trump, but we’re seeing it against conservatives,” as Elise Stefnaik recently stated.
Not all Republicans are Okay With It
Senate Republican Whip John Thune commented on the term “hostages” regarding the January 6 rioters and said, “I don’t condone that characterization at all.” Senator John Cornyn stated, “Somebody who’s been duly convicted of a federal crime is not a hostage.” Thom Tillis, North Carolina GOP Senator, said, “That’s like calling drug traffickers unlicensed pharmacists. They’re J6 convicts to me.” Source
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