The resounding impact of the Supreme Court’s decision to neuter an obstruction charge used in Jan. 6 cases will face fresh scrutiny Wednesday when a rioter’s resentencing tests whether prison terms in such cases must be reduced.
Since the high court’s June decision, scores of rioters have asked judges to push back or reconsider already-imposed sentences. Prosecutors have said in court filings that a “case-by-case” analysis of the obstruction cases is underway to determine how to move forward and whether harsher sentences can stand.
Now, attorneys are preparing to put the litmus test to Thomas Robertson, a former Virginia police officer, who was sentenced to more than seven years in prison after a jury in 2022 convicted him of six charges, including obstruction of an official proceeding.
Prosecutors said Robertson entered the Capitol with the first wave of rioters and “used his specialized training” in law enforcement to impede officers attempting to push back the mob, using a large wooden stick to strike at least two officers.
