U.S. Supreme Court ruling will affect some cases involving Illinoisans charged in Jan. 6 riot
CHICAGO (CBS) -- The U.S. Supreme Court ruled in a 6-3 majority Friday in favor of a former Pennsylvania police officer charged with obstructing an official proceeding in the Jan. 6, 2021, Capitol riot.
The ruling in the case Fischer v. U.S. narrowed the Justice Department's use of a federal obstruction statute leveled against scores of people who breached the building where Congress had convened to count state electoral votes. It could affect hundreds of ongoing prosecutions—and upend adjudicated cases, including some of the dozens of Capitol riot-related cases involving people from Illinois.
Nearly 50 Illinois residents have been charged for their role in the Jan. 6 attack on the Capitol. Some remained behind bars nearly three and a half years later.
In all, more than 350 of the over 1,300 people charged in the Capitol riot were specifically charged with obstruction of an official proceeding.
This is the charge the Supreme Court ruled was improperly used by prosecutors. The ruling means at least some of the hundreds charged could have their cases reopened.
"They were charged with stopping the election count—period," said CBS 2 Legal Analyst Irv Miller. "The court says: 'Listen it's got to be more than stopping the election count in Congress. You have to do something in addition to that, like start destroying evidence to assist in the obstruction.'"
There are at least five cases specifically in Illinois where the obstruction charge applied. Two men were convicted under the charge.
One of those men was Thomas Adams of Springfield, who was seen in a photo holding a Trump campaign flag inside the Senate Chamber. Adams was sentenced to 14 months on an obstruction charge and other charges—and he has already served his time and been released.
However, Miller said, Adams still may have recourse in light of the Supreme Court decision.
"If I was his lawyer, I would say, 'Listen, Mr. Adams, we should go back to court and get that felony charge—the obstruction charge—thrown out, so you're not a convicted felon," Miller said. "So even though he is out, he should get some relief."
Another defendant, Kevin Lyons of the Chicago area, posted a photo from outside of then-House Speaker Nancy Pelosi's office with the caption, "WHOS HOUSE?!?!? OUR HOUSE!!" He was charged with obstruction, among other charges, and was sentenced to 51 months in prison.
Lyons is currently behind bars.
"Because [obstruction] was the major conviction—the others were misdemeanors—he's probably going to file a motion to get out ASAP," Miller said.
Lyons' attorney did not want to comment. But Miller said Lyons likely will not be the only one pushing for release. Miller said many Jan. 6 convicts will be motivated to contact their lawyers right away.
"The phones in the penitentiary—there are going to be lines at those phones for lawyers to be contacted: 'Hey this was thrown out! I'm being held illegally! Please get me out.'"
The Jan. 6 convicts are also likely to get what they wish if they were convicted of obstruction, Miller said.
"What it could look like is people actually getting out of jail tomorrow, because they were sentenced under statute and no other charges, or sentences on other charges, apply—that means they are entitled to get out immediately," Miller said, "and I wouldn't be surprised if the doors to the penitentiary open up quickly."
The ruling will also have an impact beyond Jan. 6.
"The immediate impact will be the government not charging cases like this unless there's grounds under the statute as interpreted by the Supreme Court," Miller said. "It's going to give daylight to a lot of people who've been convicted."
CBS 2 is still tracking cases here in Illinois that could be impacted by this- with many still going through the legal process.