DOJ Picks A Fight With The Supreme Court?

Photo by Vlad Tchompalov on Unsplash

( – Following the Supreme Court’s recent ruling concerning the Jan. 6 cases where it was found that the Department of Justice (DOJ) had overreached during their prosecution following the 2021 Capitol attack, many of the Jan. 6 rioters could find themselves resentenced or having to face additional proceedings. 

The decision has also resulted in many federal prosecutors working to redefine how they use the obstruction charge while maintaining their stance that the Capitol riot had been a threat to U.S. democracy. 

Over 350 rioters have faced charges relating to their attempts to interrupt the Congress certification of the 2020 presidential electoral vote, apart from the obstruction of an official proceeding charge, around a quarter have also faced charges relating to their role in the attack. 

Following the Supreme Court’s ruling which narrows the charge, trial level judges have started the process of reopening some of the 2021 Capitol attack cases. However, the Department of Justice has pushed for them to pause these proceedings. 

The Department of Justice has pointed out that in the concurring opinion, Justice Ketanji Brown Jackson wrote where she argued that it is still possible for rioters, including Joseph Fischer to still be prosecuted under the charges. 

Jackson sided with the conservative majority in the ruling, while conservative Justice Amy Coney Barrett sided with the two liberal Justices in the dissent. 

On Monday, federal prosecutors had requested for the court to push back the sentencing of two Oath-Keepers-aligned rioters so that they would be given a chance to assess the recent Supreme Court ruling and determine how to best proceed. 

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