Five years is a lifetime in American politics. If you’ve been following the news lately, you know that the legal landscape surrounding the 2021 Capitol riot has shifted so dramatically that even some lawyers are having a hard time keeping up.
Honestly, the january 6 insurrection charges aren't what they used to be. Not even close.
It’s easy to think that once the cameras left and the broken glass was swept up, the legal system just churned along like a machine. But between Supreme Court rulings that basically rewrote the book on obstruction and a wave of presidential pardons that cleared the docket overnight, the "justice" part of this story has become incredibly complicated.
The Quiet Death of the Obstruction Charge
For a long time, the "big" charge used by the DOJ was something called "Obstructing an Official Proceeding." It’s a heavy-duty felony—Title 18, Section 1512(c)(2) of the U.S. Code, to be exact. It carried a potential 20-year sentence.
But then came Fischer v. United States.
The Supreme Court basically looked at that law and said, "Wait a minute." They ruled that this specific charge was meant to stop people from shredding documents or tampering with evidence—like in the Enron scandal—not for showing up to a riot. This decision sent shockwaves through the system. Chief Justice John Roberts wrote the majority opinion, arguing that the government's interpretation was way too broad.
Because of that ruling, more than 300 defendants saw their most serious charges suddenly become vulnerable. Prosecutors had to scramble. Some cases were dropped. Others were downgraded to simple misdemeanors like "Parading, Demonstrating, or Picketing in a Capitol Building."
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It turned a massive federal crackdown into something that, for many, felt like a slap on the wrist.
The Pardon Wave of 2025
If the Supreme Court ruling was a tremor, the events of January 2025 were a total earthquake.
On his first day back in office, President Trump issued a blanket pardon for nearly 1,600 people involved in the events of January 6. This wasn't just a handful of high-profile names. We’re talking about almost everyone—from the people who just walked through the doors to those facing serious felony charges.
- Stewart Rhodes, the leader of the Oath Keepers who was serving 18 years for seditious conspiracy? Commuted.
- Enrique Tarrio of the Proud Boys? Commuted.
- Hundreds of people awaiting trial? Cases dismissed "with prejudice" by order of the DOJ.
It’s a weird reality. You have people like Edward J. Kelley, who was convicted of tackling an officer, walking free. Or Zachary Jordan Alam, who smashed the glass near the Speaker’s Lobby. He was pardoned, though he actually got arrested again later in 2025 for a home invasion.
Basically, the federal government's four-year investigation was effectively deleted in 24 hours.
What Charges Actually Stuck?
Even with the pardons, it’s not like January 6 didn't happen. The sheer volume of evidence was staggering. Before the 2025 clemency, over 1,500 people had been charged.
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Most people don't realize that the majority of these weren't "insurrection" charges. In fact, almost nobody was actually charged with the crime of insurrection. Most were hit with:
- Assaulting, resisting, or impeding officers.
- Entering or remaining in a restricted building.
- Civil disorder.
- Theft of government property.
It was more about the physical violence and the trespassing than the high-level political conspiracy. Federal judges in D.C. like Amit Mehta and Beryl Howell spent years trying to maintain a sense of order, but today, many of those courtrooms are quiet.
The DOJ’s "Weaponization Working Group," now led by some of the very people who were previously under investigation, has shifted the focus entirely. They’re now looking into the prosecutors who brought the charges in the first place. It’s a total 180.
The Lingering Civil Battles
While the criminal cases are mostly dead in the water thanks to the pardons, the civil side is a different story.
Congressman Eric Swalwell and several Capitol Police officers still have pending lawsuits. They’re suing for damages, citing physical injuries and emotional distress. Civil court is different because a presidential pardon doesn't stop a private citizen from suing you for money.
These cases are still grinding through the system. They rely on the "incitement" argument, trying to prove that the rhetoric used that day directly led to the violence. It's a high bar to clear, especially since the Supreme Court has a very narrow view of what constitutes a "true threat" or "incitement to violence."
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Why This Still Matters
You might think it’s all over, but the fallout is everywhere.
The precedent set by Fischer means that if there’s a future protest that shuts down a government building—whether it’s about climate change or taxes—prosecutors can’t just throw "obstruction" at everyone to see what sticks. They have to prove that actual evidence was tampered with.
Also, the "blanket pardon" has created a huge debate about the rule of law. Some see it as justice for "political prisoners," while others see it as the end of accountability. Honestly, it depends on which news channel you're watching.
Actionable Steps for Following the Cases
If you’re trying to track what’s left of these legal proceedings, don't just look at the headlines. Here is how you actually get the real story:
- Check the DOJ’s Archive: The Department of Justice still maintains a public database of every January 6 defendant, though many entries now simply end with "Pardoned" or "Dismissed."
- Follow CourtListener: This site gives you access to the actual motions filed in the civil cases. It’s the best way to see the evidence without the media spin.
- Read the Fischer Decision: If you really want to understand why the charges fell apart, read the syllabus of Fischer v. United States. It explains the legal "why" behind the collapse of the obstruction counts.
The story of the January 6 charges is no longer a story about a riot. It’s a story about the power of the Supreme Court to limit federal law and the power of the President to wipe the slate clean.
To stay truly informed, you need to keep an eye on the U.S. District Court for the District of Columbia. Even if the criminal cases are mostly gone, the legal arguments being made in the remaining civil suits will likely end up back at the Supreme Court, potentially redefining the First Amendment and presidential immunity for the next generation.