Roger Parloff on a Potential Problem for the Justice Departments Jan. 6 Prosecutions

Published: Oct. 26, 2023, 9 a.m.

The D.C. Circuit Court of Appeals last week faintly endorsed the Justice Department\u2019s reading of a critical felony charge, \u201ccorrupt obstruction of an official proceeding,\u201d 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\u2019s conception of the definition of \u201ccorruptly,\u201d 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 Senior Editor Roger Parloff detailed the court\u2019s Robertson decision on Lawfare. Lawfare Research Fellow Matt Gluck sat down with Parloff to discuss Robertson, Fischer, and what it would mean for the Justice Department if its interpretation of the corrupt obstruction statute is ultimately rejected. 

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