In the wake of a Supreme Court ruling that limited how the Justice Department can charge January 6 rioters with obstruction, federal prosecutors are now revising plea deals or dropping the obstruction charge for individuals involved in the Capitol attack.
These changes are emerging in court filings, with prosecutors indicating their intent to continue prosecuting the rioters under the new legal constraints established by the high court's decision.
The Justice Department reported that approximately 259 defendants faced obstruction charges—a federal crime targeting the disruption of official proceedings—at the time the Supreme Court restricted the charge's application.
Among these defendants are five alleged members of the Proud Boys, including Arthur Jackman, Edward George Jr., Paul Rae, and Kevin and Nate Tuck. While these individuals are not accused of leading or orchestrating the group's attempt to storm the Capitol, each has been offered plea deals without the obstruction charge. If they reject these offers, prosecutors plan to drop the obstruction charge and proceed with other alleged offenses.
Without the obstruction charge, a protracted legal battle would be necessary to determine if the charge could be presented to a jury. The Supreme Court’s ruling allows the DOJ to pursue the obstruction charge against rioters who impacted "documents" or "other things" related to official proceedings, requiring prosecutors to link defendants to the Electoral College certificates being certified on January 6, 2021.
Prosecutors have already dropped the obstruction charge in some cases, including for Mark Sahady, a Massachusetts man involved in a "straight pride" group, and Beverly Hills salon owner Gina Bisignano. In Bisignano’s case, prosecutors are seeking additional time to evaluate the charge and have opted to drop it to maintain the current trial schedule.
The Supreme Court’s Fischer v. United States ruling has supported claims from some defense attorneys that prosecutors overcharged their clients. However, the relief for many defendants will be limited. Currently, only 17 individuals—less than 2% of the 1,400 Capitol riot defendants—were solely convicted of obstruction and are serving prison time.
The Justice Department reports that 130 people have been convicted and sentenced for obstruction, with over half also convicted of additional felonies. In some instances, judges have granted bail to convicted rioters while they appeal their convictions.
One such defendant is Kevin Seefried, photographed carrying a Confederate flag inside the Capitol, who was sentenced to nearly three years in prison for obstruction alone.
The Justice Department stated it would review each case according to the standards set by Fischer and the ongoing proceedings in the D.C. Circuit to determine the future of the obstruction charge in these cases.
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