The D.C. Circuit Holds the Power to Upend Hundreds of Prosecutions of Jan. 6 Rioters

It’s the morning of Dec. 12, and Courtroom 31 in the U.S. Court of Appeals for the District of Columbia Circuit is sparsely populated—a surprise given that the court is about to hear an appeal with the power to topple hundreds of prosecutions of Jan. 6 rioters. Most attendees seem to be law clerks, seated in a separate gallery. A handful of reporters are staggered across the aisle in the “Press” area. Seated two rows in front of me, in the “Reserved for Legal Team and Guests” zone, are two of the three defendants—Garrett Miller and Joseph Fischer—and their wives. 

The case before the court today is perhaps the most important Jan. 6 case to be heard by the D.C. Circuit, not least of all because it could upend the government’s ability to deploy its stiffest penalty against Jan. 6 insurrectionists—the charge of corruptly obstructing an official pr

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