Appeals Court Upholds Obstruction Charge for Hundreds of Defendants Arrested in Connection with Capitol Attack

A federal appeals court panel has ruled in favor of the Justice Department’s use of an obstruction charge against hundreds of defendants arrested in connection with the January 6 attack on the U.S. Capitol.

The appeals court said that obstruction can include a “wide range of conduct” when a defendant has a corrupt intent and is targeting an official proceeding, such as the congressional certification of the presidential election on January 6, 2021. The three-judge panel voted 2-1 to uphold the use of the obstruction of an official proceeding charge against defendants who assaulted law enforcement during the Capitol attack.

The ruling reverses a decision by U.S. District Court Judge Carl Nichols, a Trump appointee, who had previously tossed the charge. The appeals court said that the charge can be used against those who “obstruct, influence, or impede any official proceeding,” including Congress.

The ruling is likely to result in additional litigation, as questions remain about the future of the use of the statute. It is unclear how the ruling will affect the hundreds of defendants who were arrested in connection with the Capitol attack.

The Justice Department has been using the obstruction charge to prosecute those involved in the Capitol attack, and the appeals court ruling affirms the department’s use of the charge. It is unclear how the ruling will affect the hundreds of defendants who were arrested in connection with the Capitol attack.