The High Court Report16 Apr 2024

Oral Argument: Fischer v. United States | Case No. 23-5572 | Date Argued: March 25, 2024

Link to Docket: Here.

Question Presented: Did the D.C. Circuit err in construing 18 U.S.C. § 1512(c) (“Witness, Victim, or Informant Tampering"). Which prohibits obstruction of congressional inquiries and investigations to include acts unrelated to investigations and evidence?

Holding: To prove a violation of §1512(c)(2), the Government must establish that the defendant impaired the availability or integrity for use in an official proceeding of records, documents, objects, or other things used in an official proceeding, or attempted to do so.

Result: Vacated and remanded.

Voting Breakdown: 6-3. Chief Justice Roberts delivered the opinion of the Court, in which Justices Thomas, Alito, Gorsuch, Kavanaugh and Jackson joined. Justice Jackson filed a concurring opinion. Justice Barrett filed a dissenting opinion, in which Justices Sotomayor and Kagan joined.

Link to Opinion: Here.

Oral Advocates:

For Petitioner: Jeffrey T. Green, Bethesda, Md.
For Respondent: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D.C.

Timestamps:

[00:00:00] Introduction

[00:00:07] Petitioner Opening Statement Begins

[00:01:52] Petitioner Free for All Questions Begin

[00:25:37] Petitioner Sequential Questions Begin

[00:34:25] Petitioner Questions End, Respondent Opening Statement Begins

[00:36:31] Respondent Free for All Questions Begin

[01:05:01] Respondent Sequential Questions Begin

[01:36:13] Respondent Sequential Questions End, Petitioner Rebuttal Begins

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