Neil Gorsuch questioned the Biden Justice Department about 'mostly peaceful protests' in a major Jan. 6 riot case implicating Trump.
Justice Neil Gorsuch on Tuesday questioned the Biden administration’s ranking Justice Department lawyer about the scope of a federal criminal law used against protesters during thein special counsel Jack Smith’s election subversion case are also related to the same question, which is whether the statute known as 1512 that makes it a federal crime to “corruptly” obstruct an official proceeding applies to otherwise nonviolent protesters.
“Would a sit-in that disrupts a trial or access to a federal courthouse qualify? Would a heckler at today’s audience qualify, or a heckler at the State of the Union address? Would pulling a fire alarm before a vote qualify for 20 years in federal prison?” Gorsuch asked without directly naming Bowman.
“So a mostly peaceful protest … that actually obstructs and impedes an official proceeding for an indefinite period would not be covered?” Gorsuch asked, noting in his hypothetical that “they intend to do it.
The core question is whether the law at issue was only intended to apply to evidence tampering and whether applying it to protesters who went into the Capitol was too broad of an interpretation.
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