Supreme Court Delays Capitol Riot Case

A Capitol riot case was delayed Tuesday as the U.S. Supreme Court hears arguments for a case involving the obstruction of an official proceeding charge.

"Over govt opposition, Judge Mehta puts off Oath Keeper Tom Caldwell's long-postponed sentencing yet again—this time because of SCOTUS's review of 'obstruction of an official proceeding' felony. ...," Roger Parloff of LawFare wrote on X, formerly Twitter.

"Govt may also come to rue this paragraph from its opposition papers, admitting that sentencings of Caldwell's codefendant Oath Keepers were "heavily influenced" by their convictions of the same offense (18 USC 1512c2) now under review by SCOTUS," Parloff wrote in a second post.

The U.S. Supreme Court this week announced that it would hear oral arguments for an appeal relating to the obstruction of an official proceeding charge, which has been used in several cases related to the U.S. Capitol riot on January 6, 2021, including the federal indictment by Special Counsel Jack Smith against former President Donald Trump.

The oral arguments are for the Fischer v. United States case in which Capitol riot defendant Joseph Fischer appealed the charge of obstruction of an official proceeding.

"A ruling against the government in the Fischer case in the Supreme Court could well have a ripple effect in many other Capitol riot cases where the defendants were charged with the same obstruction of justice provision, went to trial [as opposed to pleading guilty] and were convicted," former federal prosecutor Michael McAuliffe previously told Newsweek.

Many members of the Oath Keepers far-right group were convicted of seditious conspiracy in connection to the riot. Caldwell was acquitted of seditious conspiracy but was found guilty of several other felony charges.

This month, Parloff posted on X that Caldwell requested that his sentencing hearing be delayed until after the Supreme Court hears oral arguments for the appeal. According to the Associated Press, the court is likely to hear arguments in March or April.

In addition to Capitol riot cases, a decision by the court in the Fischer case could have an impact on the case against Trump, who is facing charges relating to the riot and alleged attempts to overturn the 2020 election results.

"A Supreme Court decision culling the obstruction of justice statute could also impact the criminal case against Donald Trump in the US district court in DC, but it's less clear when and how at this juncture," McAuliffe previously told Newsweek.

Newsweek reached out to Caldwell's attorney via email for comment.