A three-judge appellate panel has ruled 2-to-1 in favor of prosecutors' use of a contentious obstruction charge against defendants involved in the January Capitol riot cases. The decision could potentially affect former President Donald Trump and may lead to an appeal at the Supreme Court level.
The ruling reverses a previous decision made by Trump-appointed U.S. District Court Judge Carl Nichols to dismiss the "obstruction of an official proceeding" charge. Andrew Weissmann, a former federal prosecutor, predicted that this issue might now go to the Supreme Court following Friday's vote.
In an email sent to Newsweek, Weissmann explained that Special Counsel Jack Smith stands to benefit from this ruling on several grounds. For one thing, it confirms that obstructing Congress was intended as part of the criminal obstruction statute's scope.
Accordingly, if applied correctly within its proper context and adequately proven during trials involving alleged Capitol rioters or even others like Donald Trump himself – who some argue incited these events – then such charges could indeed have significant implications for those found guilty under said law provisions down line (especially considering potential future court challenges).
Meanwhile - according