The Lawfare Podcast Lawfare Daily: The Supreme Court Rules in Fischer v. United States
Jul 1, 2024
Lawfare Senior Editors Quinta Jurecic and Roger Parloff discuss the Supreme Court ruling in Fischer v. U.S., impacting Jan. 6 defendants and implications for Special Counsel Jack Smith's case. They analyze Justice Barrett's dissent, Trump's indictment, and upcoming rulings on presidential immunity.
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Supreme Court narrows obstruction statute
- The Supreme Court narrowed the scope of obstruction statute 18 U.S.C. § 1512(c)(2) used heavily in Jan. 6 cases.
- This ruling is a symbolic win for defendants but may not require dismissal of many charges.
Majority ties obstruction to documents
- The majority ruled obstruction must relate to impairing availability or integrity of records, documents or other things used in official proceedings.
- This extends to false evidence, intangible information, or witness testimony, impacting how Jan. 6 charges apply.
Impact on Jan. 6 defendant cases
- Most Jan. 6 defendants charged with 1512(c)(2) also face other federal felonies or misdemeanors.
- Many have already resolved cases; only a small subset might consider appealing based on this ruling.