DOJ opts not to charge January 6 defendants following Supreme Court ruling

By 
 September 18, 2024

For nearly four years, the Biden White House has characterized the January 6 riot on Capitol Hill as the day "we nearly lost America."

However, a new report revealed that the Department of Justice (DOJ) has denied FBI requests to prosecute hundreds of individuals over the event.  

Supreme Courting ruling has made DOJ's job harder

According to The Epoch Times, that admission was made by U.S. Attorney for the District of Columbia Matthew Graves during a recent interview with CBS's "60 Minutes."

"We have turned down hundreds of cases where the FBI is saying, 'There is evidence here; it’s your determination, prosecutors, whether you think this should be prosecuted,'" Graves was quoted as saying.

Part of that has to do with a Supreme Court ruling earlier this year known as Joseph Fischer v. United States, which concerned a former Pennsylvania law enforcement officer who went into the Capitol on January 6, 2020.

Fischer was charged under Section 1512(c)(2), a law which Congress passed roughly two decades ago following the Enron financial scandal.

Justice rule that law was not meant to cover Capitol Hill riot

The law allows charges to be brought against anyone who "alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding."

Also covered are individuals who "otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so."

Fischer's attorneys maintained that their client's behavior was not the type of conduct which lawmakers were seeking to criminalize, an argument with which six members of America's highest judicial body agreed.

In writing his majority opinion, Chief Justice John Roberts voiced skepticism over whether Congress would "hide away" a wide-ranging charge that covered so much more conduct than the document destruction which had taken place at Enron.

"The better conclusion is that subsection (c)(2) was designed by Congress to capture other forms of evidence and other means of impairing its integrity or availability beyond those Congress specified in (c)(1)," Roberts concluded.

Sentenced reduced for former Virginia police officer

As The Hill pointed out in an article published just over two weeks ago, more than 350 rioters have been charged under 1512(c)(2).

They included former Virginia police officer Thomas Robertson, who became the first January 6 defendant to have his sentence reduced thanks to the ruling.

What's more, The Epoch Times noted how an additional 40 other cases involved defendants getting their charges vacated altogether.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson