Roughly 275 J6 defendants are facing the same bogus obstruction charge.

So far, 2 have succeeded in getting it dropped — Miller and Fischer. Before them, most of the motions used mostly the same reasoning (relating to failure to state an offense, vagueness, official proceeding, corruptly, overbreadth, and lenity) but have had the same result.

In the wake of the Enron scandal, Congress closed a very specific loophole by passing subsection (c), and nothing in the legislative history suggests a broader purpose than that. Unless a J6 defendant actually took "action with respect to a document, record, or other object in order to corruptly obstruct, impede or influence Congress’s certification of the electoral vote" (hint: this applies to none of them), this charge needs to be dropped. Most J6 defendants will just be left with trivial misdemeanors.

Get ready for the dominoes to fall! It's just a matter of time now.

https://www.courtlistener.com/opinion/5305641/united-states-v-sandlin
https://www.courtlistener.com/opinion/5310888/united-states-v-mostofsky
https://www.courtlistener.com/opinion/5312532/united-states-v-rehl
https://www.courtlistener.com/opinion/5312720/united-states-v-montgomery
https://www.courtlistener.com/opinion/6244635/united-states-v-caldwell
https://www.courtlistener.com/opinion/6244752/united-states-v-guertin
https://www.courtlistener.com/opinion/6247269/united-states-v-mchugh
https://www.courtlistener.com/opinion/6348048/united-states-v-grider
https://www.courtlistener.com/docket/33346165/united-states-v-jensen
https://www.courtlistener.com/opinion/6357820/united-states-v-bozell-iv
https://www.courtlistener.com/docket/58816685/63/united-states-v-robertson
https://www.courtlistener.com/docket/59692342/72/united-states-v-miller
https://www.courtlistener.com/opinion/6450888/united-states-v-andries
https://www.courtlistener.com/opinion/6451469/united-states-v-fischer

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