Supreme Court Justice Neil Gorsuch on Tuesday questioned the Biden administration’s ranking Justice Department lawyer about the scope of a federal criminal law used against protesters during the Jan. 6 riot at the Capitol charged for “obstruction” of an official proceeding.

Two of the four counts against former President Donald Trump in special counsel Jack Smith’s election subversion case are also related to the same question, which is whether the statute known as 1512(c)(2) that makes it a federal crime to “corruptly” obstruct an official proceeding applies to otherwise nonviolent protesters. Gorsuch, an appointee of Trump, asked a range of questions, including whether a “mostly peaceful protest” would be covered under the law.