The Supreme Court's 6-3 ruling to narrow an obstruction charge used to prosecute Jan. 6 defendants triggered the reopening of some of their cases just hours after the decision was released on Friday.
According to The Hill, the federal judge who presided over Guy Reffitt's trial ordered his lawyers and the Justice Department to propose a schedule for "further proceedings" by July 5. Reffitt was the first Jan. 6 defendant convicted by a jury; the judge's order indicates that resentencing is likely.
One of the five counts Reffitt was convicted on was obstruction of an official proceeding, which stems from Section 1512(c)(2). The charge makes it a crime to "corruptly" obstruct, impede or interfere with official inquiries and investigations by Congress and carries a maximum sentence of 20 years imprisonment. More than 350 Jan. 6 defendants were charged with obstruction of an official proceeding for interrupting the congressional certification of the 2020 election, according to The Hill.
The high court's ruling came Friday after Jan. 6 defendant Joseph Fischer argued that Section 1512(c)(2) was improperly applied to those who participated in the breach of the U.S. Capitol Building.
U.S. District Judge Dabney Langhorne Friedrich — a Trump appointee who handled Reffitt's case — reportedly reopened several other Jan. 6 protestors' cases Friday afternoon, directing their legal counsel in a similar manner as Reffitt's.
While most Jan. 6 defendants charged with the obstruction count also faced other felony charges, U.S. Solicitor General Elizabeth Prelogar said during oral arguments in April that 50 individuals were charged with obstruction as their only felony.
Some, like Tennessee native Ronald Sandlin, took plea deals involving the charge. Prosecutors alleged that Sandlin traveled to Washington, D.C., in a rental car armed with two pistols, two magazines of ammunition and cans of bear mace, among other equipment. His case was also reopened on Friday.
In recent court filings, the Department of Justice signaled that "QAnon Shaman" Jacob Chansley could face prosecution again for his participation at the Capitol.
After pleading guilty to obstruction of an official proceeding, Chansley was sentenced to 41 months in prison without a trial but was released early last year. Prosecutors wrote in recent court filings that the Supreme Court ruling "may create a situation where evidence must be preserved and Defendant tried."
Proud Boys leader Enrique Tarrio and Oath Keepers leader Stewart Rhodes are among the hundreds of defendants convicted of obstruction of an official proceeding, though they were also each convicted of seditious conspiracy, a more serious charge.
An attorney for Tarrio told The Hill on Friday that his legal team plans to "thoroughly review" his sentence and "any collateral consequences" of the Supreme Court's decision.
Attorney General Merrick Garland said in a statement that he was "disappointed" by the high court's decision.
"The vast majority of the more than 1,400 defendants charged for their illegal actions on January 6 will not be affected by this decision," Garland said. "For the cases affected by today's decision, the Department will take appropriate steps to comply with the Court's ruling."
Nicole Weatherholtz ✉
Nicole Weatherholtz, a Newsmax general assignment reporter covers news, politics, and culture. She is a National Newspaper Association award-winning journalist.
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