Roger Parloff on a Potential Problem for the Justice Department’s Jan. 6 Prosecutions

The Lawfare Podcast: Patreon Edition · Oct 26, 2023 · 47m

The D.C. Circuit Court of Appeals last week faintly endorsed the Justice Department’s reading of a critical felony charge, “corrupt obstruction of an official proceeding,” which the department has relied on to prosecute at least 317 individuals for their alleged roles in the Jan. 6 Capitol riot. In the case, United States v. Thomas Robertson, the court affirmed the Justice Department’s conception of the definition of “corruptly,” as stated in the charge. Robertson followed another D.C. Circuit ruling in April, United States v. Fischer, which upheld the charge even more fragilely.Lawfare…