The high court will hear arguments over whether Capitol rioters can be convicted of obstructing Congress' business, a law passed in the wake of the '00s-era Enron scandal.
The high court will hear arguments over whether Capitol rioters can be convicted of obstructing Congress’ business, a law passed in the wake of the ‘00s-era Enron scandal.The Supreme Court is expected to grapple Tuesday in detail for the first time with the chaos and violence of the Jan. 6, 2021, riot at the Capitol when it hears arguments in a case that could upend hundreds of convictions — and potentially undermine some pending criminal charges against former President Donald Trump.
The high court’s ultimate ruling — expected by the end of June — could overturn hundreds of Jan. 6 felony convictions and hamper numerous pending prosecutions. A ruling against the Justice Department could even ripple into special counsel Jack Smith’s case against Trump, whom he charged with two charges of obstructing Congress’ business that day.Until this week, the justices had not dealt publicly in any depth with the violence of Jan. 6 or who can be held legally responsible for it.
Federal prosecutors reject that claim, saying the text of the law itself was written broadly to cover any attempts to interfere with an “official proceeding” — such as the Jan. 6 joint session of Congress intended to certify the results of the 2020 election — so long as they can prove a defendant acted with a “corrupt intent.” About 350 rioters have been tagged with the charge, which carries a 20-year maximum sentence.
The justices’ views and commentary about Jan. 6 during Tuesday’s arguments could provide clues to how they will weigh the events of that day when they consider Trump’s claim that he is immune from prosecution for his bid to subvert the 2020 election. Those oral arguments are set for April 25.
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