January 6 defendants get a (temporary?) reprieve

[More than 300] 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. The judges noted that the requirement of “corrupt intent” was meant to avoid inadvertently criminalizing traditional protest or lobbying activities.

[...]

Judge Florence Pan, who wrote the majority opinion, said it was the wrong time to decide that broad question because the three defendants whose cases were before the court were all also charged with assaulting police. There’s little question that those who assaulted police that day acted with “corrupt intent.” But in Jan. 6 obstruction cases that don’t involve assault, determining “corrupt intent” is much more complicated, she said.

“It is more prudent to delay addressing the meaning of ‘corrupt’ intent until that issue is properly presented to the court,” Pan wrote.

  Politico

I can see this leading to a huge mess.  If convicted defendants are released, they may have to be retried on some other count.  Or they may just be released to regroup and go at a future revolt.

The immediate effect of the appeals court’s 2-1 vote is the reversal of a decision by U.S. District Court Judge Carl Nichols, who determined that obstruction charges were being improperly applied to Jan. 6 defendants. But Nichols’ ruling did not dissect the “corrupt intent” aspect of the law. Rather, he contended that the obstruction charges required evidence that the defendants interfered with physical documents — computer files, papers or other tangible evidence.

More than a dozen other district court judges had rejected that premise, contending that the meaning of the obstruction law — passed in the aftermath of the Enron scandal — is clear: Obstruction includes a wide range of efforts to frustrate the official work of government, not just tampering with documents.

[...]

The Jan. 6 select committee urged the Justice Department to charge Donald Trump with this precise crime as well, after a federal judge in California agreed that Trump “likely” committed obstruction. Any ruling narrowing the definition of “corrupt intent” could take such a charge off the table.

To be continued.

UPDATE 09:17 am: