Justice Department signals plan to salvage obstruction charges in some Jan. 6 cases
Source: Politico
08/21/2024 03:06 PM EDT
The Justice Department said Wednesday it plans to press ahead with obstruction charges against two Jan. 6 defendants despite the Supreme Courts recent ruling that limited the scope of a federal statute that makes it a felony to obstruct many government proceedings.
Prosecutors contended they can still prove that the two defendants, a married couple from Ohio, are guilty of obstructing Congress even under the high courts narrow interpretation of the law. The defendants, Don and Shawndale Chilcoat, are accused of surging with the mob onto the Senate floor during the riot at the Capitol.
The Justice Departments announcement in the Chilcoats case appears to be the first time since the Supreme Courts June 28 ruling that prosecutors have signaled their intention to proceed with obstruction charges in any cases stemming from the Capitol riot.
Over the past seven weeks, the Justice Department has abandoned the obstruction charge in a slew of cases, citing the uncertainty caused by the Supreme Court. Prosecutors also have refrained from pursuing the charge in new cases. That has blunted an important cudgel for prosecutors: The obstruction charge carries a 20-year maximum sentence and has often been used to coax defendants into plea deals. The charge has also been used by the department to distinguish between those who simply paraded around the Capitol and those who broke in with a provable intent to interfere with Congress.
Read more: https://www.politico.com/news/2024/08/21/justice-department-jan-6-obstruction-00175412