The Biden Department of Justice (DOJ) has dropped nearly half of the pending obstruction charges against defendants involved in the Jan. 6 protests after a June Supreme Court ruling. The Court’s decision in Fischer v. United States clarified that the DOJ had overreached in its use of an obstruction statute, which carries a potential 20-year sentence for individuals who obstruct, influence, or impede an official proceeding.

Since the ruling, approximately 60 of the 126 defendants with pending obstruction charges have seen those charges dropped, according to DOJ data from Sept. 6. The Supreme Court’s decision narrowed the application of the law, requiring the government to prove that a defendant disrupted the availability or integrity of records or other items used in official proceedings.

The DOJ is still pursuing charges against 13 defendants, while decisions on the remaining cases are pending. Even though the obstruction charges have been dropped for many, the DOJ clarified that no defendant was charged solely under 18 U.S.C. § 1512. This means that those affected will continue to face other criminal charges.

Justice Ketanji Brown Jackson, in a concurring opinion, suggested that charges could still be applied in cases involving interference with the integrity of materials used in the Jan. 6 protests. This clarification could allow prosecutors to continue pursuing certain cases despite the narrowed scope of the statute.

Of the 133 defendants whose cases were already adjudicated before the ruling, the DOJ has indicated that it does not oppose dismissing or vacating charges in about 40 cases, with the remainder still under review.