Jan. 6 Defendants Released, Supreme Court Reviews Obstruction Statute

At least two defendants convicted of obstructing an official proceeding regarding the events of Jan. 6, 2021, have been released from prison pending an appeal to the Supreme Court, and more are looking to follow in their footsteps.

Prosecutors have charged more than 300 of nearly 1,000 Jan. 6 defendants with violating the obstruction statute, the Washington Examiner reported Monday. At least 152 were convicted or pleaded guilty to obstructing an official proceeding and more than 100 have been sentenced.

A legal challenge brought by Jan. 6 defendant Joseph Fischer accuses prosecutors of using an overly broad interpretation of “obstructing an official proceeding” to launch hundreds of cases stemming from the events that day, the Examiner reported, including against Donald Trump.

The former president pleaded not guilty in Washington, D.C., to four charges regarding interference in the 2020 election brought by Department of Justice special counsel Jack Smith. Among the charges is “conspiracy to obstruct an official proceeding.” Trump’s legal team claims presidential immunity negates the federal criminal charges, and the D.C. Circuit Court of Appeals is reviewing that claim.

Fischer, a former Pennsylvania police officer who attended Trump’s “Stop the Steal” rally on Jan. 6, was charged with several counts related to the Jan. 6 attack, the Examiner reported, including an obstruction charge under Title 18, Section 1512, which pertains to tampering with a witness, victim or informant, including the destruction of documents used during an official proceeding, and the obstruction or influence of an official proceeding. A conviction can lead to a fine and up to 20 years in prison.

A lower court judge dismissed the obstruction charge, ruling prosecutors used the law too broadly and it only applied to actions taken with documents or records, the Examiner reported. The D.C. Circuit Court of Appeals reversed that ruling and reinstated the charges, prompting an appeal to the Supreme Court. The law, the Sarbanes-Oxley Act of 2002, was passed by Congress after the Enron accounting scandal and was intended to preserve evidence for federal investigations.

Thomas Adams Jr., who was sentenced to 14 months in prison and three years of supervised probation after being convicted of obstructing an official proceeding, was granted release from prison on Jan. 10 by U.S. District Judge Amit P. Mehta, a Barack Obama appointee, while the Supreme Court reviewed the issue, the Examiner reported.

Mehta reasoned Adams wouldn’t flee the country and it was possible the Supreme Court would side with Fischer, which would also vacate Adams’ conviction, the Examiner reported.

Another Jan. 6 defendant, Alexander Sheppard — who was sentenced to 19 months in prison after being convicted on the same obstruction charge, as well as other misdemeanors — also successfully petitioned for early release in light of the Supreme Court taking on the Fischer case, the Examiner reported. U.S. District Judge John D. Bates, a George W. Bush appointee, ordered Sheppard released in May after serving just six months.

Two other Jan. 6 defendants, Kevin Seefried and John Strand, have also asked to be released based on the high court’s review of the obstruction charge. Their motions are pending, the Examiner reported.