During a recent court session, Solicitor General Elizabeth Prelogar shed light on the Justice Department's approach to using obstruction charges in cases related to the January 6 Capitol riot. Prelogar clarified that the obstruction law has been applied selectively, specifically targeting defendants who were aware of the Electoral College vote counting on that day and made deliberate attempts to disrupt Congress.
Prelogar emphasized the importance of proving that defendants had prior knowledge of Congress convening on January 6 and had a clear intention to interfere with the joint session. Factors such as threats of violence, readiness to use violence, possession of tactical gear, or paramilitary equipment were highlighted as indicators of intent to obstruct.
Notably, the Justice Department has opted to pursue obstruction charges against only approximately 350 out of over 1,350 Capitol riot defendants. This strategic approach is rooted in the requirement to establish the defendants' specific intent to disrupt the joint proceedings on that fateful day.
Prelogar also mentioned instances where defendants were acquitted of obstruction charges due to evidence suggesting that they believed the proceedings had concluded or were under the impression that law enforcement had permitted their entry into the Capitol building.
