Joe Biden‘s Department of Justice (DOJ) has dropped the obstruction of an official proceeding charge against the first January 6 defendant following the U.S. Supreme Court’s decision in Fischer v. United States. Last month, the high court ruled against the Biden DOJ, determining the department unlawfully used an obstruction statute from a 2002 financial crimes bill to prosecute over 350 of the January 6 defendants.
Late Thursday, federal prosecutors submitted a motion to drop the obstruction charge in their case against January 6 defendant Mark Sahady.
In their filing, federal prosecutors contend that the court’s rejection of a continuance to assess the impact of the Fischer decision made dropping the obstruction charge the most expedient option to move Sahady’s trial forward. The defendant, a resident of Massachusetts, will still face charges of unlawful entry, disorderly conduct in a Capitol building, and parading, demonstrating, or picketing in a Capitol building.
The Biden DOJ attorneys likely understood that any attempts to revive the obstruction charge through other avenues would not sit well with U.S. District Court Judge Carl Nichols.
The Fischer case originated with Judge Nichols. In March 2022, Nichols ruled in January 6 defendant Joseph W. Fischer’s favor, dismissing the obstruction charge against three of the January 6 defendants. The federal D.C. Circuit Court of Appeals reversed Nichols’s ruling in a 2-1 decision in April 2023—setting up the Supreme Court showdown.
The National Pulse reported in March that the judge granted early release to January 6 defendant Kevin Seefried after the Supreme Court agreed to hear Fischer.
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JUST IN: In light of the recent SCOTUS decision, DOJ has opted to dismiss an obstruction count against Jan. 6 defendant Mark Sahady rather than fight a (likely losing) battle to sustain it before Judge Nichols. pic.twitter.com/WaHQ6VqdmM
— Kyle Cheney (@kyledcheney) July 12, 2024