The US Supreme Court this Friday (28) ruled that the obstruction of justice charges against the capitol invaders on January 6, 2021 were improper and that the Department of Justice (prosecution) exceeded its authority.
By a vote of 6 to 3, the nation’s highest court ruled that the US Justice Department went too far in charging hundreds of people who rioted in the Capitol with obstruction.
The decision means lower courts will now apply that standard and dismiss charges against many defendants.
The decision could have an impact on one of the cases against former Republican President Donald Trump — who was allegedly involved in an attack on the Capitol and who allegedly tried to meddle in the election — involving special counsel Jack Smith’s ban. The official case is four charges against the president in this investigation.
Although Smith, who is leading the investigation, has said Trump’s obstruction of Congressional actions is more extensive than the attackers, the former president’s legal team is likely to try to build on the Supreme Court ruling.
On Jan. 6, about 10,000 people — supporters of then-Republican President Donald Trump — marched on the Capitol, and about 800 besieged the building when Joe Biden’s 2020 election victory was certified. Five people were killed and around 140 policemen were injured.
Since then, more than 1,000 people have been arrested for assault-related crimes in nearly all 50 states and more than 350 have been charged with assault or obstructing law enforcement, the Justice Department said.
The Supreme Court on Friday ruled that the protesters can be prosecuted if they prove that they not only tried to force their way into the building but also tried to prevent the arrival of certificates confirming the election results.
Chief Justice John Roberts was responsible for writing the majority opinion, which included progressive Justice Ketanji Brown Jackson.
In turn, Justice Amy Coney Barrett filed a dissenting opinion, joined by Justices Sonia Sotomayor and Elena Kagan.
The Supreme Court ruling outraged the US Justice Department, led by Merrick Garland, who said the decision was “disappointing” and limited “an important federal law that the agency wanted to use to ensure that those most responsible for this attack face appropriate consequences.” .”
Garland said the majority of the more than 1,400 defendants will not be affected by the decision because “there are no cases in the department. [de Justiça] The defendant was charged on January 6.
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