Supreme Court Could Upend Hundreds of Capitol Riot Cases

A new petition to the Supreme Court could upend hundreds of cases related to the January 6 Capitol riot if the Court's conservative majority decides to hear an appeal from a New York man who is awaiting his sentencing for assaulting a police officer, among other charges.

Edward Lang, who was arrested and charged for his role in the riot after he posted photos and videos on social media placing him at the Capitol that day, filed a petition with the Court on Friday. He is asking the justices to hear his appeal of one of the 11 charges he was indicted on: obstruction of an official proceeding.

The charge in question has been deployed against hundreds of defendants involved in the January 6, 2021, riot, including Jacob Chansley (aka QAnon Shaman), Oath Keepers founder Stewart Rhodes and former Olympic swimmer Klete Keller. The charge was also cited by the House committee investigating the riot when the panel issued criminal referrals against Donald Trump. The official proceeding refers to Congress' certification of the Electoral College votes that elected Joe Biden president.

Norman Pattis, Lang's attorney, told Newsweek that he believes the use of the statute that the litigation is centered around could upend the cases of "hundreds of defendants."

"The government misuse and abuse of the federal penal code in the [January 6] cases is shocking," Pattis said.

The statute that Lang's legal team is arguing has been too broadly applied in his case comes from a federal law that states an individual who "corruptly alters, destroys, mutilates, or conceals a record, document" or "otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so" can be imprisoned for up to 20 years.

In the petition to the Supreme Court, Lang's team argues that the defendant did not satisfy the "corrupt" element and that various interpretations in lower courts have led to a "cacophonous result that leaves unsettled significant issues."

"The petitioner submits that the Justice Department's overbroad application of the federal penal code to prosecute participants in the January 6, 2021 riot at the Capitol is the act of a behemoth unrecognized, unwarranted and unwelcome in American life," the petition reads.

It went on: "Our political life for centuries has been fractious, with violence all too frequent. Seeking to punish and silence dissent in the name of democracy is the twisted dream of a slumbering tyrant."

The petition urged the justices to hear the case "as the nation's attention turns to the 2024 election." It argued that there is "good reason" to suspect the Justice Department's use of the statute will "serve to chill political speech and expression on the eve of one of the most consequential events in American life – the election of the next President of the United States."

Pattis told Newsweek his client expects to hear in the fall if the Supreme Court will hear the case.