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1440 Daily Digest

Obstruction Law Ruling



The US Supreme Court yesterday ruled federal prosecutors improperly relied on an obstruction law used in charging over 300 people involved in the Jan. 6, 2021, storming of the US Capitol. 


At issue is the 2002 Sarbanes-Oxley Act, passed after the Enron financial scandal. The defendant in the obstruction challenge argued the statute applies only to the tampering of evidence. The high court agreed, requiring proof that a defendant's actions impaired the availability or integrity of physical evidence used in an official proceeding. The decision could affect roughly 150 people, who have pleaded guilty or received convictions under the statute.


The Supreme Court also overturned a 1984 decision that directed lower courts to defer to federal regulators when laws passed by Congress are unclear, and separately made it easier for cities to enforce laws against homeless encampments.


A ruling is expected Monday on former President Donald Trump's appeal for blanket immunity from criminal prosecution. Monday will mark the first time since 2020 (the second since 1996) in which the court's term has been extended into July. 

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