Conviction Of Former Capitol Hill Officer Affirmed

The United States Court of Appeals for the District of Columbia Circuit affirmed the obstruction of an official proceeding conviction of an on-duty Capitol Hill police officer

Michael Riley, an experienced former Capitol Police officer, appeals his conviction for obstruction of a federal grand jury investigation of the January 6, 2021, attack on the United States Capitol. The day after the attack, Riley tipped off one of the rioters that “everyone who was in the [Capitol] building is going to be charged” and urged him to “take down” a Facebook post acknowledging that he had been inside the building. When Riley learned his communication with that individual might be investigated, he tried to cover it up by deleting direct messages from his Facebook account and calls from his phone’s call log. A jury convicted Riley of one count of obstruction of an official proceeding in violation of 18 U.S.C. § 1512(c)(1) based on the deletions but was unable to reach a verdict on another obstruction count based on the underlying tip. The court sentenced him to a period of probation and a fine.

Riley appeals his conviction. His central claim is that the government failed to establish that an official grand jury proceeding was foreseeable or that he deleted his Facebook direct messages to affect any such proceeding. He asserts various other trial errors that he links to those asserted shortcomings. We have considered each of Riley’s challenges and, because none succeeds, we affirm.

Circuit Judge Pillard authored the opinion, joined by Circuit Judges Childs and Garcia. (Mike Frisch)