A Republican member of the House Judiciary Committee pressed Attorney General Merrick Garland on Tuesday on a pending Supreme Court case challenging the Justice Department’s use of a federal obstruction statute to prosecute hundreds of US Capitol rioters.
“Is your office preparing to drop charges against more than 340 January 6-ers charged with (the federal corruption law) and release dozens from prison on that count if the Supreme Court this month reverses how your department has used that statute against them?” GOP Rep. Thomas Massie asked Garland.
“We respect the Supreme Court. Whatever the court rules, we will act appropriately,” Garland replied.
“So you’ll have to drop the charges if the Supreme Court says that you did that wrongfully?” Massie continued, referring to DOJ’s use of the law in these criminal cases.
“I’m not going to answer hypotheticals. We’ll wait and see what the Supreme Court says,” Garland answered.
How the Supreme Court defines how the obstruction law can be used related to the Capitol attack could impact hundreds of criminal cases, even the pending case against former President Donald Trump, who is also charged under the law with obstructing an official proceeding.
But remember: Even if the Supreme Court were to gut the DOJ’s ability to use the obstruction of justice charge against January 6 rioters, it would be unlikely to cause those being imprisoned for their actions during the riot to be released. The vast majority of the rioters being held in jail — either pre-trial or post-sentence — are also charged with violent crimes, especially regarding violence toward police who were protecting the Capitol.
The DOJ has rarely charged January 6 rioters with the obstruction of justice charge as a sole felony count. Most face multiple felony charges.
CNN’s Katelyn Polantz contributed reporting to this post.
