![Supreme Court Appears Skeptical of Using Obstruction Law to Charge Jan. 6 Rioters](https://cdn.shortpixel.ai/stsp/to_webp,q_lossy,ret_img/https://static01.nyt.com/images/2024/04/16/multimedia/16dc-scotus-bfwc/16dc-scotus-bfwc-facebookJumbo.jpg)
The Supreme Court seemed wary on Tuesday of letting prosecutors use a federal obstruction law to charge hundreds of rioters involved in the Capitol attack on Jan. 6, 2021.
A decision rejecting the government’s interpretation of the law could not only disrupt those prosecutions but also eliminate half of the charges against former President Donald J. Trump in the federal case accusing him of plotting to subvert the 2020 election.
Mr. Trump’s case did not come up at the argument, which was largely focused on trying to make sense of a statute, enacted to address white-collar crime, that all concerned agreed was not a model of clarity. But the justices’ questions also considered the gravity of the assault and whether prosecutors have been stretching the law to reach members of the mob responsible for the attack, which interrupted certification of Joseph R. Biden Jr.’s electoral victory.
Justice Clarence Thomas, who returned to the bench after an unexplained absence on Monday, asked whether the government was engaging in a kind of selective prosecution. “There have been many violent protests that have interfered with proceedings,” he said. “Has the government applied this provision to other protests?”
Justice Sonia Sotomayor took a different view of what happened on Jan. 6. “We’ve never had a situation before where there’s been a situation like this with people attempting to stop a proceeding violently,” she said.
The question for the justices was whether one of the laws used to prosecute some of the members of the mob that stormed the Capitol fits their conduct. The law, a provision of the Sarbanes-Oxley Act of 2002, contains a broad catchall provision that makes it a crime to corruptly obstruct, influence or impede any official proceeding.