Quick Hit:

The Department of Justice (DOJ) has dropped obstruction charges in nearly half of the pending cases against January 6 defendants. The decision follows a Supreme Court ruling that made it harder to charge rioters under this law.

Key Details:

• The DOJ has dismissed obstruction charges in about 60 of the 126 pending cases.  
• Thirteen defendants will still face obstruction charges, with other cases under review. 
• The Supreme Court ruling in June affected how obstruction charges could be applied.

Diving Deeper:

The Department of Justice (DOJ) has dropped nearly half of the obstruction charges pending against individuals involved in the January 6 Capitol riot. The move comes in response to a June Supreme Court ruling that made it more difficult to charge defendants with obstruction unless it could be proven that they intended to stop the certification of electoral votes.

According to DOJ data, the department has dismissed the charge in approximately 60 of the 126 cases still awaiting trial. Thirteen defendants will still face obstruction charges, and the DOJ is continuing to evaluate the remaining cases.

For cases already tried, the DOJ has stated it will not oppose the dismissal of obstruction charges in 40 of the 133 previously adjudicated cases, with more reviews underway. One defendant has had their sentence reduced as a result of the ruling.

“There are zero cases where a defendant was charged only for violating 18 U.S.C. § 1512,” the DOJ emphasized, referring to the obstruction statute. This means that even if the government drops obstruction charges, defendants still face other criminal charges.

Notably, 17 defendants who were solely convicted of obstruction were serving prison sentences as of August 6. The DOJ's actions indicate ongoing adjustments to charges based on recent legal developments, though the majority of January 6 defendants will continue to face prosecution on other grounds.