A Republican member of the House Judiciary Committee on Tuesday pressed Attorney General Merrick Garland on a pending Supreme Court case challenging the Justice Department's use of a federal obstruction statute to prosecute hundreds of rioters. United States Capitol.
“Is your office preparing to drop charges against more than 340 January 6 members accused of (federal corruption law) and release dozens from prison on that charge if the Supreme Court this month reverses the way in which that your department has used that statute against you?” Republican Rep. Thomas Massie asked Garland.
“We respect the Supreme Court. Whatever the court decides, we will act appropriately,” Garland responded.
“So you'll have to drop the charges if the Supreme Court says you did it wrong?” Massie continued, referring to the Justice Department's use of the law in these criminal cases.
“I am not going to answer hypotheses. We will wait and see what the Supreme Court says,” Garland responded.
How the Supreme Court defines how the obstruction law can be used in connection with the attack on the Capitol could affect hundreds of criminal cases, including the pending case against former President Donald Trump, who is also charged under the law with obstructing a official procedure.
But remember: Even if the Supreme Court gutted the Justice Department's ability to use the obstruction of justice charge against the January 6 rioters, those imprisoned for their actions during the riots would be unlikely to be released. The vast majority of rioters who are jailed, either before trial or after sentencing, are also charged with violent crimes, especially in relation to violence against police protecting the Capitol.
The Justice Department has rarely charged the Jan. 6 rioters with obstruction of justice as their sole felony charge. Most face multiple felony charges.
CNN's Katelyn Polantz contributed reporting to this publication.
