This ruling only affects a small group (Less than 30 out of hundreds) of those charged in the protest and violence….
But it does say the Federal Justice Dept. must be specific in showing harm done to government property…
To date?
Over 1,400 have been arrested…
Writing for the majority, Chief Justice John G. Roberts Jr. said the government must establish that a defendant “impaired the availability or integrity” of records, documents or other objects used in an official proceeding. The decision returns the case to the lower courts for additional proceedings….
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The Supreme Court’s ruling has the potential to affect the convictions and sentences of a small set of rioters — around 27 — who are serving time in prison for only this felony. It also could impact about 110 more who are awaiting trial or sentencing, according to prosecutors. In addition, the ruling could affect former president Donald Trump’s stalled trial for allegedly trying to remain in power after his 2020 defeat; two of the four charges he faces are based on the obstruction statute, and he could move to have those charges dismissed.
But nearly 80 percent of the 1,400 people charged in the attack on the Capitol were not charged with obstructing the proceeding. Most were charged with trespassing federal property and assaulting or resisting a law enforcement officer. Prosecutors reserved the obstruction charge for defendants accused of knowingly and intentionally attempting to stop Congress from certifying the election and formalizing the transfer of presidential power….