Staff Reports
The Biden administration, notorious for its selective enforcement of the rule of law, has recently dialed back on its aggressive pursuit of obstruction charges against January 6 defendants. With the Supreme Court stepping in and ruling that the Department of Justice had been a bit too zealous in its application of the law, nearly half of the pending charges have been quietly dropped. It seems the DOJ misinterpreted a statute that could slap a person with up to 20 years in prison for merely “obstructing” official proceedings—talk about government overreach.
Since the decision in the pivotal Fischer v. United States case, it has come to light that approximately 60 out of 126 defendants have seen their obstruction charges vanished like a magician’s rabbit. One must wonder if this sudden change of heart within the DOJ signals a genuine attempt at justice or simply a tactical retreat in the face of legal scrutiny. The same department that has made headlines for its relentless pursuit of January 6 participants has now shifted gears, suggesting that perhaps, just maybe, the scales of justice need to tip back toward a semblance of fairness.
Justice Department drops nearly half of pending obstruction charges in J6 cases https://t.co/y5EXapxxGA
— John Solomon (@jsolomonReports) September 11, 2024
Despite the about-face on obstruction charges, the DOJ isn’t completely letting up. A total of 13 defendants are still facing the music with lingering charges, while the rest languish in a limbo of legal ambiguity. It would be a shame if all that noise about law and order turns into yet another example of political bias, but at this rate, it might as well come with a warning label. Expect a little more introspection from the DOJ, which has not exactly earned a reputation for consistent application of the law in recent years.
When examining the cases that were settled before the Fischer ruling, the data suggests the DOJ doesn’t oppose dismissing or vacating charges in about 40 instances. However, it’s still taking its sweet time to assess the rest, which raises eyebrows. It’s almost as if they’re hoping people forget the heavy-handed approach they took just a few months ago.
The Supreme Court has also made it clear that the government needs to bring something more than a fever dream of political motivations to the table to prove an obstruction charge. They have stipulated that evidence must show how a defendant impaired the availability or integrity of items used in an official proceeding. This sets a high bar for the DOJ, which had been running around like a kid in a candy store—charging almost anyone involved on January 6 with obstruction without concrete proof of impairment. Justice Ketanji Brown Jackson seems to think there’s still room for prosecutorial pursuits, but it feels like a tough sell now. Ultimately, one thing is clear: the January 6 saga is turning out to be a legal rollercoaster ride, and the Justice Department is along for the bumpy ride, much to the dismay of its own credibility.
