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Jan. 6 rioter loses appeal in ruling with major implications for Trump prosecution

FBI

Jan. 6 rioter loses appeal in ruling with major implications for Trump prosecution

A Jan. 6 rioter lost his appeal Friday in a ruling that has major implications for Donald Trump in his own criminal case.

The U.S. Court of Appeals for the District of Columbia ruled 2-1 that there were multiple ways to prove corrupt intent in the statute for obstruction of an official proceeding, the charge that ex-police officer Thomas Robertson and other rioters were convicted of violating. Trump was also indicted on that charge.

Robertson was sentenced to seven years in prison for his role in the U.S. Capitol attack, but his defense attorneys challenged the conviction by arguing that prosecutors were required to show he was "dishonestly corrupt," or acting with a hope of financial gain or other benefit.

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However, the court found there was "plainly sufficient" evidence to show that Robertson intended to secure the unlawful benefit of installing Trump, "the loser of the presidential election," as president.

The case quite likely will be heard by the full D.C. circuit and possibly the U.S. Supreme Court, but this ruling shows the obstruction statute could be used to prosecute Trump for his conduct ahead of the congressional certification of Joe Biden's election win.

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