Appeals Court Fails to Clarify Obstruction Charges in Capitol-Riot Cases

It seems likely that the Supreme Court will have to clarify federal obstruction law, perhaps sooner rather than later.

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Police clear the U.S. Capitol with tear gas in Washington, D.C. January 6, 2021.

Stephanie Keith/Reuters

Appellate courts are supposed to clarify disputed legal issues of importance. When it comes to obstruction of Congress, which is the major issue in the government’s January 6 prosecutions and could foreseeably factor into a potential indictment of former president Donald Trump, the D.C. Circuit Court of Appeals may have just left matters more muddled than it found them.

The circuit issued its ruling on Friday, in United States v. Fischer.

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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