Fischerv.United States
A January 6 defendant was charged under 18 U.S.C. § 1512(c)(2) with corruptly obstructing Congress’s certification proceeding. The Supreme Court held that the statute does not cover every form of obstructive conduct. To prove a violation, the government must establish that the defendant impaired or attempted to impair the availability or integrity of records, documents, objects, or other things used in an official proceeding, or engaged in conduct closely tied to that evidence-focused function. Reading subsection (c)(2) in light of the neighboring evidence-tampering provision avoided turning it into an unlimited obstruction offense. The judgment was vacated and the case remanded.
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