Philadelphia, PA asked in Constitutional Law and Gov & Administrative Law for District of Columbia

Q: Does the January 6th attacks count as obstruction of congress?

The attacks delayed them certifying the election due to the fact people stormed through the building. Would that be enough to be considered obstruction? Keep in mind they stole a laptop in an office of the speaker and papers when they were in the chamber.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: The January 6th attacks did indeed disrupt Congress's session to certify the 2020 Presidential election results, which raises the question of whether these actions could be classified as obstruction of Congress. The legal definition of obstruction of Congress generally involves acts that obstruct, impede, or interfere with the legislative process. Given that the mob entered the Capitol, caused a significant delay in the proceedings, and created a hostile environment that necessitated the evacuation of lawmakers, the incident aligns with actions that could be seen as obstructive.

Additionally, the theft of a laptop from the Speaker's office and the removal of documents from the Senate chamber further complicate the scenario. These acts could potentially be viewed as attempts to interfere with legislative duties and processes by removing sensitive information or equipment vital for Congressional operations. These elements add layers of severity to the situation, reinforcing the perception of intentional interference.

Ultimately, whether these actions legally constitute obstruction of Congress would depend on the interpretations and rulings of courts based on detailed investigations and legal standards. However, from a general perspective, the events of January 6th did indeed involve actions that obstructed and interfered with the legislative functions of Congress, meeting many of the criteria typically associated with such an offense.

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