Proud Boys ask for dismissal of Jan. 6 obstruction charges after court ruling puts cases in limbo

Two Proud Boys on trial for seditious conspiracy over their actions on Jan. 6 filed to have their obstruction charges dismissed after the U.S. D.C. Court of Appeals issued a fractured ruling that put hundreds of Jan. 6 obstruction cases in limbo.

The three-judge appeals court on Friday agreed to allow three challenged Jan. 6 obstruction cases to continue, but the judges, one liberal and two conservatives, raised serious concerns about other Jan. 6 obstruction cases.

The judges said the question revolves around whether Jan. 6 rioters acted with "corrupt intent," which is central to the crime of obstructing an official event, Politico reported.

Those who assaulted police officers acted with "corrupt intent," but for Jan. 6 obstruction cases that do not involve assault, determining intent is far more complicated, Judge Florence Pan, a Biden appointee, wrote in the majority opinion.

More than 300 Jan. 6 defendants have been charged with obstruction, but many have not been accused of assaulting law enforcement.

"It is more prudent to delay addressing the meaning of 'corrupt' intent until that issue is properly presented to the court," Pan said in the ruling.

Attorneys for Proud Boys defendants Zachary Rehl and Ethan Nordean on Saturday filed motions to dismiss the obstruction charges on the grounds that the court ruling requires the word "corruptly" to be narrowly defined to apply to the Proud Boys case or else the charges should be dropped, The Epoch Times reported.

Neither Rehl nor Nordean was accused of assaulting law enforcement on Jan. 6. Both men face five charges, including obstruction, conspiracy, destruction of government property, entering a restricted area and disorderly conduct.

The two men are on trial for seditious conspiracy and other charges related to the Jan. 6, 2021, Capitol riot alongside Proud Boys leaders Dominic Pezzola, Enrique Tarrio and Joe Biggs.

Madeleine Hubbard is an international correspondent for Just the News. Follow her on Twitter or Instagram.