Supreme Court gives boost to Jan. 6 defendants affected by obstruction ruling
The Supreme Court gave two men charged with offenses in the Jan. 6 assault on the U.S. Capitol a chance to argue they can't face an obstruction charge in cases affected by a recent ruling by the justices.
WASHINGTON — The Supreme Court on Tuesday gave two men charged with offenses related to the Jan. 6, 2021, assault on the U.S. Capitol another chance to argue that they cannot face an obstruction charge in cases affected by a recent ruling by the justices.
The justices sent back to lower courts the cases involving Edward Lang and Garret Miller, who are seeking to dismiss a charge that they obstructed an official proceeding, namely the certification by Congress of President Joe Biden’s election, which was disrupted by a mob of Trump supporters.
On Friday, the court ruled in a related case in favor of another Jan. 6 defendant, Joseph Fischer, concluding that the obstruction statute may not apply to his conduct. Lower courts will now determine if Lang and Miller's charges should be dismissed.
Lang “went to the Capitol to protest, was swept up in the violence of a crowd and the ensuing struggle with police officers, where he acted to defend himself and others from police violence,” his lawyers said in court papers. He is charged with four counts of assaulting a federal officer, among several other offenses. “1776 has commenced,” he wrote about Jan. 6, adding in call capital letters, “Give me liberty or give me death,” and “this is only the beginning.” He also said he wanted to be arrested.
Lang has since said he’s unrepentant for what happened on Jan. 6, and called for former President Trump’s help last year. “We are rotting in jail because we stood up for what you told us to stand up for!” Lang said.
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