 This does not mean that prosecutors can't charge all these January 6th defendants with obstruction of an official proceeding. It has to be tied to some kind of destruction or tampering with evidence or documents. But what was happening in that Capitol? There was evidence. There were papers. There were certificates, state electoral votes. So I will be shocked if Special Counsel Jack Smith does not have court papers ready to say that he can still charge former President Trump with obstruction.