Supreme Court decision on Jan. 6 charge could impact hundreds arrested – including Former President Trump

TAMPA, Fla. - The Supreme Court Wednesday decided to weigh in on a January 6 rioter’s case, involving a charge that could not only have an impact on hundreds arrested for that day but also could affect one of former President Donald Trump’s criminal cases. 

The justices will rule on the breadth of a charge against three defendants accused of obstructing an official proceeding. The charge refers to the interference of the congressional vote taking place that day to verify the 2020 election results and President Joe Biden’s win. 

Special Counsel Jack Smith also brought an obstruction charge against Trump, among other counts in his DC criminal trial. 

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FOX 13 spoke with the attorney for one of the Jan. 6 defendants who appealed to the Supreme Court, who said the use of obstruction is an over-reach. 

"Historically, that statute was targeted at things that tamper with evidence before a congressional hearing or a trial, for example, destroying a document or intimidating a witness," attorney Norm Pattis said. "Obstructing an official proceeding is a felony carrying up to 20 years in prison. Our view is the government took a statute that had no business being applied to a riot and used it as a club to bully people and to seek over-long periods of incarceration."

Out of the thousands of charges in the wake of the Jan. 6 riots, around 300 were obstructing an official proceeding, according to Stetson Law professor Ciara Torres-Spelliscy. She told  FOX 13 that most federal DC judges think the charge is fair under the circumstances. 

"There's only been a single federal judge who thought that there was a problem with this charge. So he is out of the norm," Torres-Spelliscy said. "All the rest of the federal judges in the District of Columbia who had to hear all of these cases… they all found this charge to be appropriate."

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Pattis said he thinks Trump, who faces the same obstruction charge, should not face trial until the Supreme Court has reached a decision. Currently, Trump’s trial is set to start on March 4, 2024. 

The Supreme Court is unlikely to issue a decision in this case until next summer.