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Professor Wolters
Professor Wolters
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_supreme-court-rules-that-some-jan-6-defendants-were-improperly-charged.webp "Supreme Court Rules That , Some Jan. 6 Defendants, Were Improperly Charged.<br/>NPR reports that the United States Supreme Court voted to limit which defendants accused of taking part in the Jan. 6 Capitol riot can be charged by federal prosecutors.<br/>The decision also casts doubt on two out of <br/>the four felony counts in former President <br/>Donald Trump's election subversion indictment.<br/>According to conservative Chief Justice John Roberts, <br/>the court ruled that the U.S. government must prove , “that the defendant impaired the availability or integrity <br/>for use in an official proceeding of records, documents, <br/>objects, or other things used in an official proceeding.”.<br/>NPR reports that prosecutors relied <br/>on a key criminal statute to prosecute <br/>over 350 participants of the Capitol riot.<br/>The statute makes it a crime to alter or <br/>destroy official documents, or to otherwise <br/>obstruct or impede official proceedings.<br/>Roberts wrote that the statute was <br/>not meant to broaden the meaning of <br/>the law to make it a catchall provision. .<br/>The decision will impact other cases related <br/>to Jan. 6, many of which will have to be <br/>resentenced, retried or defendants will be released. .<br/>NYU law professor Ryan Goodman authored <br/>a study that found only 346 of the 1,417 people <br/>charged in connection with the Capitol riot <br/>were charged under the obstruction statute.<br/>The study also found that 71 people are still <br/>awaiting trial on the obstruction charge, but over <br/>half of them are also charged with another felony.<br/>NPR points out that if found guilty of other felony charges, <br/>the sentencing judge is still allowed to use the charge of <br/>obstruction to determine the length of their sentence.")
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