Defendants arrested and charged after the Jan. 6 Capitol riot saw glimmers of hope this week thanks to a recent Supreme Court decision that limited the scope of an obstruction statute levied against hundreds of protesters from that day.
On Monday, John Strand, a former model and actor, was ordered to be released from prison following the U.S. Supreme Court ruling in Fischer v. United States that narrowed the use of a 20-year felony obstruction charge known as Section 1512(c)(2). The Justice Department had applied the charge to hundreds of defendants.
U.S. District Judge Christopher Cooper granted Strand’s motion for release. Strand had gone to the U.S. Capitol on Jan. 6 alongside Dr. Simone Gold, who has already served a 60-day prison sentence on a misdemeanor count of entering and remaining in a restricted building or grounds. Although Strand will have to complete his 12-month sentence for four Jan. 6 misdemeanor charges, his release date is now set for July 24.
Strand's account on X posted in celebration of Cooper's decision, saying "I am so thankful for everyone who supported me during this difficult time." Gold was likewise celebratory on X, posting that it was "A great day for Justice!"
The Fischer ruling may affect up to 355 defendants facing the same charges under 1512(c)(2). The DOJ is now attempting to navigate around the ruling, including potentially recharging defendants with corrected indictment language.
Strand is not the only defendant who has seen a windfall from the Supreme Court's decision, which constrained the use of the statute that punished anyone attempting to "obstruct, influence, or impede any official proceeding." Several defendants were granted early release before the Supreme Court’s decision, and others, such as Jorge Riley, were released pending the resolution of their motions to vacate their sentences.
On July 12, 2024, Judge Amit P. Mehta ordered the release of Riley from prison. Riley had asked to be released while the court reviewed his request to cancel his sentence, which he filed on June 8, 2024. The government did not oppose his release. Riley must report to the U.S. Probation Office within 72 hours of his release and will start his supervised release under the same conditions as before.
While the DOJ did not oppose Riley’s release, it clarified that this should not be seen as a concession regarding the merits of his claims under the Fischer ruling. Similarly, prosecutors wrote on July 10 that they did not oppose ending home detention for defendant Katharine Morrison but emphasized they did not concede she had a valid claim under Fischer.
And former President Donald Trump could also stand to benefit from the restrictions the Supreme Court placed on how prosecutors can use the obstruction charge.
Trump faces two violations of 1512(c)(2) in his federal election interference case in Washington, D.C., which has yet to return to the district court level after it was stalled since March so the Supreme Court could weigh his presidential immunity dispute. It remains to be seen whether Trump will attempt to challenge his obstruction charges in response to Fischer, in addition to his immunity challenge.
U.S. Attorney for the District of Columbia Matthew Graves stated in a recent filing that additional time is needed to evaluate how the ruling will affect prosecutions under 1512(c)(2). Prosecutors have cited Justice Ketanji Brown Jackson’s concurring opinion, suggesting that some defendants’ conduct may still meet the revised standard of the statute.
Meanwhile, the DOJ is taking action to preserve charges against Jan. 6 defendants following the significant Supreme Court ruling that limited the scope of the obstruction statute used against them.
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For example, the DOJ could attempt to argue that some defendants targeted specific documents used by Congress during the Jan. 6 certification. In other cases, the department may simply dismiss the 1512(c)(2) charge like they did in the case of defendant Mark Sahady on July 12 to streamline his trial on other counts, aiming for judicial efficiency.
Attorney General Merrick Garland affirmed in a June 28 press release that the department would continue to use all available tools to pursue participants in the Jan. 6 riot. He noted that the majority of the more than 1,400 defendants charged for their actions on Jan. 6 would not be affected by the Supreme Court’s decision, as none were charged solely with the offense at issue in Fischer.
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