SCOTUS ruling turns claims of 'insurrection' into claims of trespassing, Turley says

A new op-ed in The Hill by renowned legal expert Jonathan Turley claimed that the Supreme Court's ruling in Fischer V. U.S. has downgraded the breach of the Capitol on Jan. 6, 2021 from media claims of "insurrection" to mere trespassing.

The 6-3 ruling struck down the Justice Department's charges of "obstruction of an official proceeding" against hundreds of January 6 defendants, including former President Donald Trump.

The obstruction statute was used incorrectly, the court said. It was created after the Enron scandal to apply to the destruction of official documents so that the guilty parties could not testify or be charged.

Some Jan. 6 defendants will see their cases dismissed, while others, who also faced misdemeanor trespassing or unlawful entry charges, will still go forward, but without the more serious obstruction charges.

The “novel interpretation would criminalize a broad swath of prosaic conduct, exposing activists and lobbyists alike to decades in prison,” the majority opinion read.

Some defendants have already served jail time on these charges and may be seeking a remedy.