Appeals Court Overturns Jan. 6 Felony Convictions for Dozen Defendants

On September 9, 2023, a U.S. appeals court vacated felony convictions for 12 individuals involved in the January 6, 2021, Capitol breach. This decision followed a Supreme Court ruling in Fischer v. United States, which clarified that prosecutors had been misinterpreting the law regarding obstruction of official proceedings. The court's ruling indicated that the previous interpretation could unjustly criminalize a wide range of activities, potentially leading to severe penalties for activists and lobbyists. The U.S. Court of Appeals for the District of Columbia Circuit issued per curiam orders to vacate the convictions, remanding the cases back to district court judges for further proceedings. Many of the defendants had been convicted solely on obstruction charges, and some had already spent years in prison. The appeals court's decision is expected to lead to resentencing hearings, where judges will reassess the sentences in light of the new legal interpretation. Among those affected is defendant Reffitt, who has been incarcerated since January 16, 2021. His legal team argues that he has served more time than he would have if the obstruction charge had not been included in his conviction. The appeals court's ruling opens the door for potential reductions in sentences for Reffitt and others similarly situated. The U.S. Department of Justice did not provide comments regarding the appeals court's decision by the time of publication. The outcome of these resentencing hearings could significantly impact the lives of those convicted and set a precedent for future cases related to the January 6 events.