Courts & Litigation Democracy & Elections

The Lawfare Podcast: Roger Parloff on a Potential Problem for the Justice Department’s Jan. 6 Prosecutions

Matt Gluck, Roger Parloff, Jen Patja
Thursday, October 26, 2023, 8:00 AM
What is the status of the Jan. 6 criminal prosecutions? 

Published by The Lawfare Institute
in Cooperation With

The D.C. Circuit Court of Appeals last week faintly endorsed the Justice Department’s reading of a critical felony charge, “corrupt obstruction of an official proceeding,” which the department has relied on to prosecute at least 317 individuals for their alleged roles in the Jan. 6 Capitol riot. In the case, United States v. Thomas Robertson, the court affirmed the Justice Department’s conception of the definition of “corruptly,” as stated in the charge. Robertson followed another D.C. Circuit ruling in April, United States v. Fischer, which upheld the charge even more fragilely.

Lawfare Senior Editor Roger Parloff detailed the court's Robertson decision on Lawfare. Lawfare Research Fellow Matt Gluck sat down with Parloff to discuss Robertson, Fischer, and what it would mean for the Justice Departemnt if its interpretation of the corrupt obstruction statute is ultimately rejected.

Matt Gluck is a research fellow at Lawfare. He holds a BA in government from Dartmouth College.
Roger Parloff is a journalist based in Washington, D.C. In recent years, he has regularly contributed to Yahoo Finance and Air Mail News, and has also been published in The New York Times, ProPublica, New York, and For 12 years, he was the main legal correspondent at Fortune Magazine. He is an attorney who no longer practices. He is a senior editor at Lawfare.
Jen Patja is the editor and producer of The Lawfare Podcast and Rational Security. She currently serves as the Co-Executive Director of Virginia Civics, a nonprofit organization that empowers the next generation of leaders in Virginia by promoting constitutional literacy, critical thinking, and civic engagement. She is the former Deputy Director of the Robert H. Smith Center for the Constitution at James Madison's Montpelier and has been a freelance editor for over 20 years.

Subscribe to Lawfare