The Justice Department has been forced to offer retooled plea deals or drop charges against people who breached the U.S. Capitol on Jan. 6.
This comes in the aftermath of a Supreme Court ruling that narrowed how federal prosecutors can pursue obstruction charges against those involved Jan. 6. Prosecutors are now offering plea deals that do not include obstruction charges.
According to Justice Department statistics, there were roughly 259 defendants facing an obstruction charge when the high court issued its ruling that narrowed how the law can be applied, CNN reported.
The Supreme Court's ruling in Fischer v. United States said obstruction charges would only apply to defendants who attempted to impact documents and other things in an official proceeding. Prosecutors would have to prove each defendant falls into that category by connecting them to the Electoral College certificates Congress was certifying on that day, according to CNN.
Only 17 people — less than 2% of the roughly 1,400 Capitol riot defendants — were convicted of the obstruction charge and were not convicted of other felonies and are currently serving prison time, according to CNN.
The Justice Department said 130 people have been convicted and sentenced for obstructing an official proceeding, though more than half those individuals were also convicted of additional felonies.
Several people convicted of obstruction have been released from jail during their appeal process.
Sam Barron ✉
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