Divided Argument

Reticulated Python

Aug 1, 2024
Dive into the intricacies of criminal law as two key cases are explored in relation to January 6th. Discover President Biden’s proposed Supreme Court reforms and their potential political fallout. The podcast tackles complex legal interpretations surrounding obstruction of justice and the Sarbanes-Oxley Act. Ethical dilemmas arise as bribery and gratuities are dissected through landmark decisions. Delve into mens rea, where negligence meets recklessness, and unravel the nuances of judicial dissent and statutory language.
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ANECDOTE

Fisher Case Background

  • The case Fisher v. United States arose from the January 6th Capitol attack.
  • It involves a defendant, Joseph Fischer, charged under a statute from the Sarbanes-Oxley Act.
INSIGHT

The Statute in *Fisher*

  • The statute at issue, 18 U.S. Code § 1512(c), has two subsections.
  • It prohibits corruptly altering or concealing documents and obstructing official proceedings.
ANECDOTE

Yates and the Fish

  • Yates v. United States involved a fisherman discarding undersized fish, charged under Sarbanes-Oxley.
  • The court debated if a fish was a "tangible object," highlighting tension between text and overcriminalization.
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