What DOJ's latest filing says about its Jan. 6 case against Trump
Lawfare editor Roger Parloff knows that the U.S. Supreme Court's ruling on the Fischer case will impact Donald Trump's 2020 election case before U.S. District Court Judge Tanya Chutkan. But new filings could help provide a map for those watching what's next.
The Fischer ruling "narrowed the scope" of the laws about obstructing an official proceeding, which has been added to several cases for Jan. 6 defendants who broke into the U.S. Capitol, Parloff explained. Two of the four charges in the U.S. vs. Trump case include those laws.
On Wednesday, the Justice Department submitted a filing in Jan. 6 cases impacted by the Fischer ruling. This is the first time the public and legal analysts are getting a good look at how prosecutors intend to proceed in the Jan. 6 cases. That could also reveal a lot about the next steps in the U.S. vs. Donald Trump case.
Read Also: Five unresolved questions surrounding the Jan. 6 attack
Parloff explained at least four defendants involved in the filing were rioters who went through documents on Sen. Ted Cruz's (R-TX) desk in the Senate chambers.
One person was heard on camera saying, “Wait, no. ... He’s on our side. He’s with us. "
The Fischer ruling requires proof that the defendants "impaired the availability or integrity for use in [a] proceeding of ... docs ... used in the proceeding,” or tried to, Parloff posted on an X thread.
"DOJ claims such evidence shows defendants 'understood the nuances of Congress’s certification proceeding' and 'took acts to both render unavailable the physical items to be used in the proceeding' and 'impaired the integrity of such objects,'" Parloff quoted from the filing.
In Trump's case, Parloff thinks "there may be much more evidence of attempted impairment of 'integrity' and 'availability' of 'records, documents, and objects' to be used at the proceeding."
He specifically cited the slates of alleged fake electors as just one example.