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J6 Cases In Limbo

Appeals Court Ruling Throws A Wrench In Hundreds Of Prosecutions

WASHINGTON, DC - JANUARY 06: Pro-Trump supporters storm the U.S. Capitol following a rally with President Donald Trump on January 6, 2021 in Washington, DC. Trump supporters gathered in the nation's capital today to protest the ratification of President-elect Joe Biden's Electoral College victory over President Trump in the 2020 election. (Photo by Samuel Corum/Getty Images)
  • Hundreds of Jan. 6 obstruction cases — one of the most commonly charged felonies against those who breached the Capitol or confronted police that day — are facing new uncertainty after a divided appeals court ruling Friday.
  • The three-judge panel spared the Justice Department an immediate disaster by agreeing to permit three challenged Jan. 6 obstruction cases to continue. But the judges — one liberal and two conservatives — all raised serious questions about whether other Jan. 6 obstruction cases might face legitimate challenges.
  • At the heart of the conflict is how to measure whether Jan. 6 rioters acted with “corrupt intent,” a central element in the crime of obstructing an official proceeding.
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