SCOTUS to decide scope of Jan. 6 riot charges

The Supreme Court confirmed Wednesday it will rule on whether hundreds of plaintiffs may be charged with “corrupt obstruction” for rioting on Jan. 6 at the Capitol. The 2002 Sarbanes-Oxley Act criminalized the obstruction of official proceedings—including actions such as destroying documents and witness tampering. Defense lawyers argue that the law was enacted to criminalize white-collar obstructions, not protester demonstrations. Prosecutors argue it does apply. A Supreme Court decision against prosecuting under Sarbanes-Oxley would remove a litigation tool already used to charge more than 300 people, including former President Donald Trump. A ruling is expected by June at the latest.

How did lower courts initially rule? Federal Judge Carl J. Nichols granted a plaintiff's appeal to drop the obstruction charges last year. He ruled that defendants must have taken “some action with respect to a document, record, or other object” to qualify for prosecution under the act. A U.S. Court of Appeals panel later reversed Nichols’ ruling, arguing the law “applies to all forms of corrupt obstruction of an official proceeding.”

Dig deeper: Read Harvest Prude’s report for WORLD Magazine on the aftermath of the Capitol riots.