Federal prosecutors are dropping charges for some individuals involved in the January 6 Capitol protests, particularly those accused of obstructing the certification of the 2020 election “results.” This decision follows a Supreme Court ruling that narrowed the scope of how the government can use the obstruction charge.
The Supreme Court's 6-3 decision indicated that the Justice Department had overextended its reach in prosecuting the Capitol protest. In response, the department is reevaluating its application of the obstruction of an official proceeding charge. However, in certain cases, prosecutors find it more efficient to drop the charge altogether, as seen in recent court filings.
Arthur Jackman, a member of the Proud Boys photographed near the group's leaders on January 6, is one of those affected. While he was not involved in planning the actions of the Proud Boys leaders, who were later convicted of seditious conspiracy, Jackman faces other charges like trespassing and disorderly conduct. Prosecutors offered him and his co-defendants plea deals. Assistant U.S. Attorney Alexis J. Loeb stated in a filing that the government would not pursue the obstruction charge against Jackman to maintain the scheduled trial date.
Similarly, prosecutors have proposed a plea deal to Kellye SoRelle, an attorney for the Oath Keepers and former girlfriend of its leader, Stewart Rhodes, who was sentenced to 18 years for seditious conspiracy. While details of SoRelle's plea agreement are not public, two of her charges stem from the now-limited obstruction count.
Judge Carl Nichols, who dismissed the obstruction charge against rioter Joseph Fischer, oversees several cases where prosecutors are moving to drop the obstruction count. Gina Bisignano, a Beverly Hills beautician who took part in the Capitol storming, had her obstruction charge dropped by prosecutors on Tuesday. She had previously pleaded guilty to five other charges and was set to go to trial for two remaining counts, including obstruction. Prosecutors aim to focus the trial on the single remaining count for efficiency.
Last week, prosecutors also dismissed the obstruction charge against Mark Sahady, vice president of Super Happy Fun America, a right-wing political group. The Justice Department is still assessing the full impact of the Supreme Court's ruling, which affects over 350 rioters charged with obstruction.
Prosecutors argue that not all cases should be affected by the ruling, referencing Justice Ketanji Brown Jackson's opinion that further prosecution might be possible once lower courts provide more clarity. Nonetheless, the ruling has delayed several sentencings and prompted some convicted rioters to request resentencing.
As the Justice Department navigates the Supreme Court's decision, the implications for ongoing and future prosecutions remain uncertain, with potential ramifications extending into the fall. Meanwhile, President Trump has indicated that if reelected, he would stop the prosecutions and issue pardons.
