Lawyers are watching legal challenges to prosecutors’ obstruction theory following last week’s indictment of former President Donald Trump, with defense attorneys doubting that arguments by those convicted of storming the Capitol on Jan. 6, 2021, will ultimately help the former president avoid the same fate.

“This issue is being teed up and remains an unsettled area of law,” said Nancy DePodesta, a Saul Ewing partner and the firm’s white-collar co-chair. “The precise contours of that definition adopted in this case will therefore be of enormous importance to both the defense and prosecution.”

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