Second U.S. judge questions constitutionality of lead felony charge against Oath Keepers in Capitol riot – By Spencer Hsu (Washington Post) / Sept 9 2021
A second federal judge in Washington questioned whether the lead felony charge leveled by the government against Capitol riot defendants is unconstitutionally vague, as 18 Oath Keepers accused in a conspiracy case urged the court on Wednesday to toss out a count carrying one of the heaviest penalties against them.
U.S. District Judge Amit P. Mehta asked how federal prosecutors distinguish felony conduct qualifying as “obstructing an official proceeding” of Congress — punishable by up to 20 years in prison — from misdemeanor offenses the government has charged others with, such as shouting to interrupt a congressional hearing.
“Essentially, what you said is, ‘Trust us,’ ” Mehta said. “. . . And that is a real problem when it comes to criminal statutes, to suggest, ‘We know it when we see it, and we’ll pick and choose when it is an appropriate exercise of prosecutorial discretion.’ ”
At issue is a statute the Justice Department has employed against at least 235 defendants accused of corruptly disrupting Congress’s certification of the 2020 electoral-college vote.
