The Sarbanes-Oxley Riot That Wasn’t

The high court rebuffs the Justice Department over its use of financial fraud statutes to punish Capitol Hill rioters.

AP/Jose Luis Magana, file
The Capitol on January 6, 2021. AP/Jose Luis Magana, file

The Supreme Court’s decision to curb the use of Sarbanes-Oxley Act against what could be hundreds of January 6 rioters is a stunning black eye for the Department of Justice. It was caught using against these rioters a law that provides for particularly stiff sentences  — a maximum of 20 years —  even though the rioters were hardly committing financial fraud. All of those charged in this manner also face allegations better suited to the events of that day.

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