Supreme Court makes prosecution of Trump on obstruction charge more difficult, with ruling to narrowly define law used against him and Jan. 6 rioters

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Riley T. Keenan, University of Richmond

(THE CONVERSATION) The indictments – and in some cases, the convictions – of hundreds of people charged with participating in the riot at the U.S. Capitol on Jan. 6, 2021, will have to be reconsidered, and possibly dropped, because of a ruling by the U.S. Supreme Court on June 28, 2024. Among those charged using a broad interpretation of the obstruction law now narrowed by the high court: former President Donald Trump.

In its decision in Fischer v. United States, the Supreme Court held that a federal statute that prohibits obstructing an official proceeding may not apply to three defendants who were charged with participating in the U.S. Capitol riot. Although former President Donald Trump is not a defendant in the case, special counsel Jack Smith has charged him separately with violating the same statute.

As a law professor who teaches and writes in the fields of constitutional law and federal courts, I’ll explain what the court’s decision means for Jan. 6 defendants – and for Smith’s case against Trump.

Charges against...