Roger Parloff on the Jan. 6 Capitol Riot Prosecutions
The Lawfare Podcast
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What's the Difference Between the Misdemeanor and the Obstructing Congress Felonies?
There's no simple factual hinge which distinguishes the misdemeanor cases from the obstructing congress felony cases. When you would charge the felony is a touchy feeling thing. Judges don't want to say, well, let the prosecutors say, trust us, we'll use it appropriately. It's not like there's some factor that, if it's present, you're in the felony land, and if it's absent, you are in the misdemeanor land.
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