A Crucial Appeal for Capitol Riot Prosecutions: D.C. Circuit to Hear Arguments Challenging the Felony Charge Used in 290 Cases

On Dec. 12, the U.S. Court of Appeals for the District of Columbia Circuit will hear arguments in a case that holds the potential to upend literally hundreds of felony prosecutions stemming from the Jan. 6 Capitol insurrection.

The matter is an appeal by the government of a trilogy of consolidated cases involving three rioters: Joseph Fischer, Garret Miller, and Edward Jacob Lang. The defendants allegedly stormed the Capitol on Jan. 6, 2021, in an effort to halt or delay the joint session of Congress that was then due to certify the 2020 presidential election. Prior to trial, U.S. District Judge Carl J. Nichols dismissed a count against each defendant alleging corrupt obstruction of an official proceeding underThis article has been indexed from Lawfare