Appeals court ruling puts hundreds of Jan. 6 felony cases in limbo

Politico ^ | 4/7/23 | KYLE CHENEY and JOSH GERSTEIN

[CFW]

Hundreds of Jan. 6 obstruction cases — one of the most commonly charged felonies against those who breached the Capitol or confronted police that day — are facing new uncertainty after a divided appeals court ruling Friday.

The three-judge panel spared the Justice Department an immediate disaster by agreeing to permit three challenged Jan. 6 obstruction cases to continue. But the judges — one liberal and two conservatives — all raised serious questions about whether other Jan. 6 obstruction cases might face legitimate challenges.

At the heart of the conflict is how to measure whether Jan. 6 rioters acted with “corrupt intent,” a central element in the crime of obstructing an official proceeding. The judges noted that the requirement of “corrupt intent” was meant to avoid inadvertently criminalizing traditional protest or lobbying activities that have been a feature of civic engagement throughout American history. Any decision on the meaning of corrupt intent would have to separate those legitimate activities from potential criminal conduct.

But Judge Florence Pan, who wrote the majority opinion, said it was the wrong time to decide that broad question because the three defendants whose cases were before the court were all also charged with assaulting police. There’s little question that those who assaulted police that day acted with “corrupt intent.” But in Jan. 6 obstruction cases that don’t involve assault, determining “corrupt intent” is much more complicated, she said.

“It is more prudent to delay addressing the meaning of ‘corrupt’ intent until that issue is properly presented to the court,” Pan wrote, pointing to the pending appeal of Jan. 6 defendant Thomas Robertson — a former Virginia police officer who was convicted of obstruction by a jury — as one potential vehicle. Pan was appointed to the appeals court by Joe Biden.

[cyclotic]

Here’s a better idea. Drop all charges, release all the prisoners who didn’t kill cops (oh wait, that’s all of them since zero cops were killed) and replace them with the cops that killed Ashli, Roseanne, the two guys who died when flahbangs blew up in their faces and the cop that shoved the guy off the wall.

[spintreebob]

Jan 6 civiliana. Three lawmakers in TN. These are high profile of a long list of mostly not-high-profile exercises of FREEDOM OF SPEECH.

Is there an objective line between what is allowed and what is not allowed? Ever since the 1950s in high school I have observed that the line is very subjective, many double standards.

[Theophilus]

The lesson is that we have no place in our own accursed capitol.

[RideForever]

This is why the top 25% of the DOJ and FBI need to be fired for cause of participating in the J6 riots as protagonists. Take their retirements and replenish the Soc Sec Trust Fund with it. Offer no charges, no retirement.

[ding_dong_daddy_from_dumas]

The J6 cases and the TN cases are different. J6 put people in jail for long enough (probably other violations will occur if they go to trial) to violate the 6th amendment. The 3 in TN were expelled from the legislature.