January 6 cases begin to be reopened after Supreme Court ruling

Just hours after the Supreme Court reduced an obstruction charge used to prosecute several Jan. 6 rioters, lower court judges began reopening some cases tied to the 2021 Capitol attack.

The federal judge who oversaw the case against Guy Reffitt – the first rioter convicted by a jury – ordered Reffitt’s lawyers and the Department of Justice (DOJ) to propose a timeline for “additional proceedings” in light of the judges’ decision by March 5. July, signaling a new sentence is imminent.

Reffitt was convicted of five charges, including obstruction of an official proceeding. The charge, arising under Section 1512(c)(2), makes it a crime to obstruct, impede, or “corruptly” interfere with official congressional inquiries and investigations. The maximum penalty is 20 years in prison and has been used to prosecute more than 350 protesters accused of disrupting Congress’ certification of the 2020 electoral vote.

The Supreme Court ruled 6-3 on Friday to rein in the obstruction charge after a different rioter, Joseph Fischer, challenged that provision as improperly applying to those who participated in the attack on the Capitol.

The judge who handled Reffitt’s case — U.S. District Judge Dabney Langhorne Friedrich, a Trump appointee — reopened the cases of several other protesters on Friday afternoon, instructing them to follow instructions similar to Reffitt’s.

Among the hundreds of defendants convicted of obstructing an official proceeding are several members of the extremist groups Proud Boys and Oath Keepers — including each group’s leaders, Enrique Tarrio and Stewart Rhodes, respectively, although both were convicted of the most serious charge. of seditious conspiracy.

Their cases remain inactive for now, although a lawyer for Tarrio told The Hill on Friday that lawyers for the former Proud Boys national president plan to “thoroughly review” Tarrio’s sentence and “any collateral consequences” of the ruling. superior court.

While most protesters accused of obstruction also faced other criminal charges, 50 protesters were convicted with the obstruction law as their only crime, U.S. Attorney General Elizabeth Prelogar said during arguments before the Supreme Court in April.

Other protesters accepted plea deals involving the charge, including Tennessee native Ronald Sandlin, who prosecutors say traveled to Washington in a rented car loaded with two handguns, two ammunition clips, cans of bear mace and other equipment. His case was reopened on Friday.

The Supreme Court’s ruling could also result in one of the most notorious protesters of the Capitol attack being prosecuted again, the DOJ signaled in recent court filings: Jacob Chansley, dubbed the “QAnon Shaman.”

Chansley pleaded guilty for obstructing an official process and was sentenced to 41 months in prison without trial. He was released early last year, but in recent court filings, prosecutors said the Supreme Court ruling “may create a situation in which evidence must be preserved and the defendant tried,” without delving deeper into the matter.

Attorney General Merrick Garland said in a statement after Friday’s verdict that he is “disappointed” with the decision, but the “vast majority” of protesters charged for their role in the attack “will not be affected by this decision.” The DOJ will take “appropriate steps” to comply with the high court’s ruling, he said.

“We will continue to use every tool available to hold accountable the criminals responsible for the January 6 attack on our democracy,” Garland said.

This story originally appeared on thehill.com read the full story