A top prosecutor appointed by President Trump has initiated an internal review of the Justice Department’s decision to charge hundreds of January 6 defendants with felony obstruction offenses related to the Capitol riot.
Acting U.S. Attorney Ed Martin in Washington, D.C., requested prosecutors on Monday to provide files, documents, notes, emails, and other materials tied to these cases, according to sources familiar with the matter. The charges in question include allegations against some of the most violent participants in the Capitol riot on January 6, 2021.
The review follows a Supreme Court ruling last year that determined the Justice Department had misapplied an Enron-era obstruction statute. The statute, which carries a maximum penalty of 20 years in prison, was used to charge individuals accused of obstructing the joint session of Congress convened to certify the 2020 election.
Martin reportedly described the use of these obstruction charges as a “failure” and labeled his review a “special project.” The obstruction allegations had been critical in escalating the severity of cases and increasing potential prison sentences for defendants, many of whom faced additional charges.
This review comes shortly after President Trump issued pardons to nearly all January 6 defendants.
