Jan. 6 Protesters' New Request as Supreme Court Weighs Charge

Two defendants charged for their alleged roles in the January 6, 2021, riot at the United States Capitol are requesting a federal judge to grant them release as the Supreme Court weighs obstruction charges.

The Supreme Court last month agreed to hear a challenge to the Department of Justice’s (DOJ’s) interpretation of the “obstruction of an official proceeding” charge, potentially handing a win to those charged for their role in the Jan. 6 riot.

During the riot, a group of former President Donald Trump’s supporters violently protested the 2020 presidential election results in an alleged effort to block Congress from certifying then President-elect Joe Biden’s victory in the Electoral College.

The court granted certiorari for Fischer v. United States on December 13, 2023, taking up Joseph Fischer’s appeal on the felony charge that has been used against hundreds of individuals allegedly involved in the riot. If the court strikes down the DOJ’s interpretation of the charge, many Jan. 6 cases could be upended.

The charge refers to the Jan. 6 protesters disrupting the Electoral College certification.

Now, two defendants, Matthew Bledsoe and Sandra Weyer, are seeking to be released from prison pending the Supreme Court’s ruling, according to court documents filed on Sunday.

Rioters are seen at the U.S. Capitol building on January 6, 2021. Two people convicted for their role in the Jan. 6 riot have filed legal motions for their release as the Supreme Court considers a challenge to one of the charges used by the Department of Justice.
Samuel Corum/Getty Images

Bledsoe’s attorneys wrote in the filing that if the court strikes down the DOJ’s interpretation of the charge, his sentence would likely be reduced in a manner that would “cause it to end up being less than the time he has now already served.”

He was sentenced to 48 months in prison, three years of supervised release and ordered to pay a combined $4,000 after being found guilty of obstruction of an official proceeding and four misdemeanors.

Meanwhile, attorneys for Weyer made a similar argument in a court filing made the same day.

“Weyer satisfies the criteria for release, as she poses no flight or safety risk, her appeal is not for the purpose of delay, and she raises a substantial question of law which, if decided in her favor, would likely result in a reduced imprisonment sentence that would expire before her appeal concludes,” her attorneys wrote.

Her attorneys made the argument that she has a “stronger” case for release than other Jan. 6 defendants sentenced under obstruction charges.

“Unlike Fischer, Weyer was not charged with violent or assaultive conduct. She entered the Capitol Building where she wandered around for approximately 11 minutes, searched for her brother, and did not enter the House or Senate Chamber or congressmembers’ offices. No evidence showed Weyer taking any act to obstruct the joint session beyond the fact of her presence,” her attorneys wrote.

Newsweek reached out to the Department of Justice for comment via email.

However, the DOJ accused her of being “among the first rioters to enter the Capitol grounds by breaching police barricades on the East Front” and “pushing past” police officers after entering the Capitol.

She was sentenced on charges of obstruction of an official proceeding, as well as misdemeanor charges of entering and remaining in a restricted building or grounds; disruptive conduct in a restricted building or grounds; disruptive conduct in a Capitol building; and parading, picketing, or demonstrating in a Capitol building, the DOJ announced in September.