Fischer v. United States

U.S. Supreme Court · decided June 28, 2024 · Supreme Court Database (Spaeth)

Decided
June 28, 2024
Term
October Term 2023
Vote
6–3
Majority author
Justice Roberts
Issue area
Criminal Procedure
Disposition
Vacated and remanded
Outcome
Petitioning party won
Ideological direction
Conservative

Opinion excerpt

PRELIMINARY PRINT Volume 603 U. S. Part 1 Pages 480–519 OFFICIAL REPORTS OF THE SUPREME COURT June 28, 2024 Page Proof Pending Publication REBECCA A. WOMELDORF reporter of decisions NOTICE: This preliminary print is subject to formal revision before the bound volume is published. Users are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, pio@supremecourt.gov, of any typographical or other formal errors. Syllabus FISCHER v. UNITED STATES certiorari to the united states court of appeals for the district of columbia circuit No. 23–5572. Argued April 16, 2024—Decided June 28, 2024 The Sarbanes-Oxley Act of 2002 imposes criminal liability on anyone who corruptly “alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the ob- ject's integrity or availability for use in an official proceeding.” 18 U. S. C. § 1512(c)(1). The next subsection extends that prohibition to anyone who “otherwise obstructs, infuences, or impedes any offcial pro- ceeding, or attempts to do so.” § 1512(c)(2). Petitioner Joseph Fischer was charged with violating § 1512(c)(2) for his conduct on January 6, 2021. On that day, Congress convened in a joint session to certify the votes in the 2020 Presidential election. While they did so, a crowd of supporters of then-President Donald…

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