Trump’s D.C. Prosecutor Launches Review of Obstruction Charge in Jan. 6 Cases

Acting U.S. Attorney Ed Martin orders review of obstruction charges levied against Capitol riot defendants, some of whom were pardoned last week.

WASHINGTON — Ed Martin, the acting U.S. Attorney for the District of Columbia and President Donald Trump’s appointed prosecutor for the area, announced on Monday that he is launching a review of the obstruction of justice charge levied against many of the 1,500 Jan. 6 defendants who were pardoned last week.

Martin, who took office after Trump’s inauguration, appointed two officials to examine the application of the obstruction charge, which the Supreme Court had ruled had been used too broadly against some individuals involved in the Capitol riot. This new initiative is being referred to as “Project 1512,” referencing 18 U.S. Code 1512, commonly known as the "1512" charge.

In an email to his colleagues, Martin called the use of the obstruction charge a “great failure” and expressed his intention to “get to the bottom of it.” He instructed his team to review all documents, files, notes, and correspondence related to the charge and produce a preliminary report by Friday.

As part of his broader review, Martin’s office disbanded the Justice Department’s Capitol Siege Section and sought to dismiss cases against violent rioters who attacked police officers on Jan. 6. He also moved to lift restrictions on far-right Oath Keepers members, including the requirement for them to get court permission before visiting Washington, D.C., after Trump commuted their sentences.

Before joining the Trump administration, Martin was a vocal advocate for the “Stop the Steal” movement. He spoke at the Capitol on January 5, 2021, and was present during the riot the following day. Martin had also been involved with the Patriot Freedom Project, an organization that supported Jan. 6 defendants, and he spread false conspiracy theories about the Capitol attack, including one that it was staged by a figure he referred to as “Mr. Coffee.”

Martin’s involvement in the events surrounding the Jan. 6 riot drew attention when he was subpoenaed by the House Jan. 6 Committee, which accused him of being involved in the logistical planning of Trump’s rally and of paying costs associated with the event. During his speech on January 5, Martin pledged to “fight until my last breath” to “stop the steal.”

Meanwhile, the Trump administration has taken steps to remove Justice Department prosecutors involved in the federal criminal cases against Trump, one concerning his handling of classified documents and the other related to efforts to overturn the 2020 election. Special Counsel Jack Smith oversaw these cases.

With the Capitol Siege Section now disbanded, some Justice Department officials view Martin’s review as a potential prelude to purging members of the unit who remain. “It definitely smells like he’s trying to force them out,” one official remarked.

Some former prosecutors, however, have criticized the review as a “frivolous” use of resources. They argue that the obstruction charge was not politically motivated but rather brought by career prosecutors in collaboration with the FBI, based on the facts of the case. One former official noted that the time and energy spent on the review could be better utilized on other criminal cases in Washington, D.C.

Martin has not responded to multiple requests for comment regarding the review or the controversy surrounding the obstruction charge.