A federal appeals court sided with the Justice Department in a case that could have upended hundreds of charges brought in the Capitol riot investigation.
Dozens of people have already pleaded guilty to the charge or been convicted at trial.
Circuit Appeals Judge Gregory Katsas, however, sided with Nichols, writing that prosecutors’ interpretation of the law was overly broad, especially for a crime that carries such a long potential sentence. “So while this approach would create an escape hatch for those who influence an official proceeding without committing any other crime, it also would supercharge a range of minor advocacy, lobbying, and protest offenses into 20-year felonies,” Katsas wrote.
“Though likely guilty of other crimes, he did not act ‘corruptly’" under the law ”because he did not intend to procure a benefit by obstructing the Electoral College vote count," he wrote.
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