Politico reports:

Members of the Jan. 6 select committee are homing in on a politically explosive question: Did Donald Trump’s actions amid the Capitol attack amount to criminal obstruction of Congress?

Twice this week, committee vice chair Rep. Liz Cheney (R-Wyo.) has raised the possibility that Trump’s conduct while a mob of his supporters overtook the Capitol could qualify as an effort to obstruct the certification of Joe Biden’s victory. Cheney described that as a “key” topic facing the panel, particularly as it seeks the testimony of one of Trump’s onetime closest aides, former White House chief of staff Mark Meadows.

“Did Donald Trump, through action or inaction, corruptly seek to obstruct or impede Congress’ official proceeding to count electoral votes?” Cheney asked Tuesday as she urged colleagues to hold Meadows in contempt of Congress for refusing to be deposed. “Mark Meadows’ testimony is necessary to inform our legislative judgments.”

Cheney’s statement includes precise terminology from the criminal obstruction statute. And she’s not the only one pondering the matter: It’s become the subject of intense debate in the cases of dozens of Jan. 6 rioters whom prosecutors allege obstructed Congress’ effort to count electoral votes on Jan. 6.

To convict someone of that crime, a jury must determine that a defendant took an obstructive action, affected an “official proceeding” and acted with “corrupt” intentions. There are several obstruction statutes in the criminal code, but the one deployed by prosecutors in Jan. 6 cases is among the most severe, carrying a whopping 20-year maximum sentence. [Continue reading…]