Conviction of Jan. 6 Defendant For ‘Corruptly’ Obstructing Congress Upheld

On Oct. 19, the D.C. Circuit Court upheld the conviction of Jan. 6 defendant Tom Robertson for “corruptly” obstructing the electoral vote certification under 18 U.S.C. § 1512(c)(2) in a two-to-one ruling. Robertson had appealed that his conviction under 1512(c)(2) required that the government prove that he “acted knowingly and dishonestly with the intent to obtain an unlawful advantage for himself or an associate.” 

The majority opinion found that “[u]sing force to obstruct, influence, or impede a congressional proceeding is plainly wrongful and therefore corrupt” and that the government showed sufficient evidence that Robertson acted “corruptly.” The court held that  “corrupt” obstruction of official proceeding does not require "personal benefit" to the plaintiff.