DOJ Will Move Forward With Obstruction Charges Against Two Jan. 6 Defendants After Supreme Court Ruling

The Department of Justice (DOJ) intends to move forward with bringing obstruction charges against two Jan. 6 defendants after the Supreme Court limited the scope of the underlying statute, according to a Wednesday filing.

Prosecutors argue Ohio couple Don and Shawndale Chilcoat’s conduct meets the heightened standard set by the Supreme Court’s opinion in Fischer v. United States, marking what appears to be the first instance of prosecutors moving forward with charges after the ruling, according to Politico. In the weeks after the ruling, the DOJ requested more time to assess the decision’s impact on a number of cases, though it emphasized that the Supreme Court did not entirely reject its use of the statute.

The DOJ has charged hundreds of defendants under Section 1512(c)(2), which carries up to 20 years in prison for anyone who corruptly “obstructs, influences, or impedes any official proceeding.” The Supreme Court ruled in June that the DOJ interpreted the statute too broadly, explaining the government must establish the defendant actually impaired or attempted to impair the availability of physical evidence.