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.