Justice Department Is Getting Creative: New Tactics to Tackle January 6th Obstruction Cases

The January 6th Capitol riot investigation isn’t slowing down. The Justice Department is facing a unique challenge: proving obstruction of justice against defendants who participated in the attack. This is a complex task, as many defendants argue they were simply following orders or were caught up in the moment. But the DOJ is finding ways to overcome these obstacles.

A New Approach: Going Beyond the “Official Proceedings”

Traditionally, obstruction of justice charges focus on interfering with “official proceedings.” This includes actions like witness tampering or destroying evidence. However, the January 6th defendants are arguing that the “official proceedings” in question – the certification of the 2020 election results – were already underway and not subject to disruption.

The DOJ is fighting back by exploring alternative interpretations of “official proceedings.” They’re arguing that the certification process was not merely a formality, but a vital part of the democratic process that was actively disrupted by the riot. This shift in focus allows them to broaden the scope of their obstruction charges.

Data-Driven Cases: Turning Evidence into Action

The Justice Department is also using data analysis to strengthen their cases. This includes examining:

• Social Media Posts: Prosecutors are using social media posts to demonstrate intent and coordination among defendants. For example, in the case of Jacob Chansley, the “QAnon Shaman,” his social media posts directly referencing the attack on the Capitol were used as evidence of his intent to disrupt the election certification.

• GPS Tracking: GPS data from cellphones is being used to pinpoint the location of defendants during the riot, providing crucial evidence of their presence and involvement.

• Surveillance Footage: Prosecutors are carefully scrutinizing surveillance footage, including videos taken by participants themselves, to identify defendants and document their actions.

The Stakes Are High:

The Justice Department’s success in these obstruction cases is crucial for holding those responsible for the January 6th attack accountable. While the challenge is significant, the Justice Department’s creative legal strategies and data-driven approach show a commitment to securing justice. This ongoing investigation serves as a reminder of the fragility of democracy and the importance of protecting the integrity of our elections.