Second U.S. judge questions constitutionality of lead felony charge against Oath Keepers in Capitol

[Eugene]

Source: Washington Post

Second U.S. judge questions constitutionality of lead felony charge against Oath Keepers in Capitol riot

By Spencer S. Hsu
September 8, 2021 at 7:25 p.m. EDT

A second federal judge in Washington questioned whether the lead felony charge leveled by the government against Capitol riot defendants is unconstitutionally vague, as 18 Oath Keepers accused in a conspiracy case urged the court on Wednesday to toss out a count carrying one of the heaviest penalties against them.

U.S. District Judge Amit P. Mehta asked how federal prosecutors distinguish felony conduct qualifying as “obstructing an official proceeding” of Congress — punishable by up to 20 years in prison — from misdemeanor offenses the government has charged others with, such as shouting to interrupt a congressional hearing.

“Essentially, what you said is, ‘Trust us,’ ” Mehta said. “. . . And that is a real problem when it comes to criminal statutes, to suggest, ‘We know it when we see it, and we’ll pick and choose when it is an appropriate exercise of prosecutorial discretion.’ ”

At issue is a statute the Justice Department has employed against at least 235 defendants accused of corruptly disrupting Congress’s certification of the 2020 electoral-college vote.

Prosecutors have brought the obstruction charge in many of the most notorious cases, including against members of the Oath Keepers, Proud Boys and Three Percenters groups who allegedly conspired and prepared in advance for violence. The government has also leveled the charge against scores of individuals not accused of attacking police or destroying property but facing some of the most egregious allegations — such as occupying the Senate chamber, sitting in the vice president’s chair and targeting government officials.

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Read more: https://www.washingtonpost.com/local/legal-issues/oathkeepers-obstruction-charge-vague/2021/09/08/9a833eaa-10c3-11ec-bc8a-8d9a5b534194_story.html

[Tomconroy]

1. It's a real issue. Probably headed for the Supreme Court eventually.

[Midnight Writer]

2. I would distinguish the acts as felonies because there was violence and conspiracy involved.

They took the Capitol during session by force.

That is a far cry from shouting to interrupt a Congressional hearing.

I'm no lawyer, but this seems like a no-brainer to me.