Supreme Court seems skeptical of Jan. 6 obstruction charges during oral arguments

During oral arguments in a case that will decide whether the Sarbanes Oxley Act can be used against January 6 defendants, justices seemed skeptical that the law passed in the wake of the Enron collapse could be used in the context of Jan. 6.

Justice Clarence Thomas asked, “There have been many violent protests that have interfered with proceedings. Has the government applied this provision to other protests?”

Justice Sonia Sotomayor disagreed, saying, “We’ve never had a situation before where there’s been a situation like this with people attempting to stop a proceeding violently."

Chief Justice John Roberts said the law should be considered in the context of altering evidence, which was not the case for most Jan. 6 defendants.

In fact, without that context most any protester could be arrested, others in the conservative majority said.

Several defendants have been released in recent days because if the court rules the law does not apply, they have already served more than the sentence they were given on other charges. A ruling in the case should come by June.