By Jan Wolfe

(Reuters) – On Tuesday, a U.S. Judge allowed a criminal investigation into the Jan. 6, 2006 Capitol Attack to proceed. However, he declined to dismiss the charges against the four Proud Boys members.

In a written ruling https://s3.documentcloud.org/documents/21170590/proud-boys.pdf, U.S. District Judge Timothy Kelly rejected arguments by the four Proud Boys defendants that obstruction charges should be thrown out.

The defendants — Ethan Nordean, Joseph Biggs, Zachary Rehl, and Charles Donohoe — have been charged with violating a federal law that makes it a felony to obstruct an official government proceeding, among other charges.

This obstruction charge was used in more than 300 of 700 criminal cases brought against the participants in the attack.

The day before the riot, supporters of President Donald Trump set off four deaths. A Capitol Police officer also died from injuries suffered while trying to defend Congress the following day.

The several-hour attack left hundreds of officers injured and four Capitol security guards dead.

Proud Boys claimed that the obstruction statute is invalid because it’s vaguely written. This could limit free speech rights.

Kelly, who is located in the District of Columbia rejected this argument.

Kelly stated in his ruling that “No matter the political motivations of Defendants or any political message they may wish to send, this alleged conduct simply is not protected by The First Amendment.” “Defendants have not been charged, according to their argument, with burning flags, wearing armbands of black or taking part in protests or sit-ins.”

Around 40 suspects were accused of being affiliated with far right groups, such as the Proud Boys or the Oath Keepers.