Nearly half of the obstruction charges against Jan. 6 defendants have been dropped by the Biden DOJ since a Supreme Court ruling in June, significantly altering the scope of prosecution. The Supreme Court ruled that the DOJ had interpreted a key obstruction statute too broadly in cases related to the Jan. 6 protests.
The ruling, tied to Fischer v. United States, required the government to prove that a defendant impaired the availability or integrity of documents, records, or other materials used in an official proceeding. Since the ruling, about 60 of the 126 defendants with pending obstruction charges have had those charges dismissed, according to DOJ data.
While some charges have been dropped, the DOJ continues to pursue obstruction cases for 13 defendants and is still evaluating others. Importantly, the DOJ noted that none of the individuals facing obstruction charges were charged solely under the relevant statute, meaning they still face additional criminal counts.
The ruling has led to a reassessment of cases already adjudicated before June. Of the 133 defendants in this group, the DOJ does not oppose dismissing or vacating charges in approximately 40 cases.
Justice Ketanji Brown Jackson suggested in her concurring opinion that charges could still be valid if defendants attempted to disrupt the integrity of materials used in the official proceedings of Jan. 6, leaving room for ongoing prosecution in some cases.
