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By Ewan Palmer
News Reporter
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Donald Trump said his supporters who were jailed in connection to the January 6 attack should be released "soon" in the wake of a recent Supreme Court ruling.
Speaking at a campaign rally in Doral, Florida, on Tuesday night, the former president hit out at "radical left terrorists" who attacked cities while defending those "who love our country" that stormed the Capitol in January 2021 in favor of Trump's false 2020 election fraud claims.
Trump suggested that many of those who were detained in connection to the January 6 attack will soon be released following a ruling from the Supreme Court which could affect hundreds of cases.
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The nation's highest court ruled on June 28 in a 6-3 opinion that a federal charge of obstructing an official proceeding must include proof that a defendant tried to tamper with or destroy documents.
The decision meant that more than 350 January 6 defendants who have been charged with obstruction over allegations they attempted to disrupt Congress' certification of Joe Biden's election victory by storming the Capitol are having their charges reexamined. The Department of Justice said just the presence of the rioters in the Capitol justified the obstruction charges.
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Speaking at his Doral rally, Trump appeared to suggest that those who have been charged with obstruction will have their cases dismissed entirely.
"We are a nation that allows radical left terrorists to violently attack our cities, leaving behind massive destruction and death. And nothing happens to the criminals that do these terrible things, there is no punishment," Trump said.
"But when people who love our country protest on January 6 in Washington, they become hostages unfairly imprisoned for long periods of time. But fortunately, the Supreme Court has just ruled, and they should be out soon," Trump added.
The remarks were condemned by some after a clip of them was posted on social media.
Joe Walsh, a former GOP Illinois congressman turned talk show host, posted on X, formerly Twitter: "He keeps making it really simple for everyone: If you believe Jan 6th was a disgraceful day in American history, vote for Biden. If you believe Jan 6th was a beautiful day, vote for Trump."
Marc Elias, former long-time lawyer for the Democratic National Committee and election law specialist, added: "This is the dark dystopian future we face if Donald Trump wins. It is why my team and I fight every day for democracy in court."
Trump's office has been contacted for comment via email.
The obstruction law cited in the federal January 6 charges was enacted in 2002 in the wake of the Enron fraud scandal in order to prevent destruction of evidence in financial crimes.
The June 28 Supreme Court decision was related to former Pennsylvania police officer Joseph Fischer, who challenged the obstruction charge against him.
Attorney General Merrick Garland said he was disappointed with the Supreme Court's ruling, but said the vast majority of the cases involving the more than 1,400 defendants charged in connection to the January 6 attack will not be overtly affected.
"There are no cases in which the Department charged a January 6 defendant only with the offense at issue in Fischer," Garland said in a statement.
"For the cases affected by today's decision, the Department will take appropriate steps to comply with the Court's ruling."
Trump has pleaded not guilty to two counts of obstruction in his federal January 6 case, with the trial now almost certain to be delayed beyond November's election.
George Washington University Law School professor Randall Eliason suggested that Special Counsel Jack Smith may still seek obstruction charges for Trump despite the recent Supreme Court ruling imposing a higher bar for prosecution.
"The court recognizes that submitting false evidence could still violate the statute, so it seems like with the fake electors scheme the charges should still survive," Eliason told Reuters.
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