Supreme Court To Review Law Used In Jan. 6 Cases

The U.S. Supreme Court recently took up a groundbreaking case on a federal obstruction law that could “undo” hundreds of cases involving Jan. 6, 2021, Capitol protesters and directly impact Special Counsel Jack Smith’s election case against former president Donald Trump.

The case revolves around 18 U.S. Code 1512, an obstruction law that states, “Whoever corruptly otherwise obstructs, influences, or impedes any official proceeding, or attempt to do so, shall be fined under this title or imprisoned not more than 2 years, or both.” The High Court will examine how the Biden State Department has used this provision to prosecute Jan. 6 protesters.

Senior Legal Fellow at the Claremont Institute Tom Caso recently told the Daily Wire that the Biden administration’s use of the provision is partisan, considering that it has not been used against leftist individuals who have disrupted congressional proceedings.

“The amazing thing is if you look at the way the government is portraying the statute, you kind of wonder why it hasn’t been applied before,” Caso told the Daily Wire. “I think about all of the antics of the protesters at Supreme Court nomination approvals before Congress — you know, the Code Pink folks and whoever else stands up and shouts during that testimony.”

“Why have they never been prosecuted under this statute? They are obviously trying to impede an official proceeding,” Caso added.

Caso noted that the provision was part of the Dodd-Frank legislation in 2010 but has never been applied to go after one’s political enemies.

Biden’s weaponized Department of Justice (DOJ) has used the obstruction law to prosecute more than 300 Jan. 6 defendants. Trump, whose election case trial is scheduled for March 4, 2024, is also facing such a charge.

Jan. 6 defense attorney Kira Anne West said that if the Supreme Court agrees that the provision has been misused by the DOJ, its ruling could “undo a whole bunch of cases” and adjust the prison sentences of the 2021 Capitol protesters.

Such a potential ruling could also deal a blow to Smith’s prosecution of Trump. The special counsel is actively trying to prosecute the former president before the 2024 presidential election.