Plain-English summary
Court says obstruction statute requires harming evidence or its availability for official proceedings
In Fischer v. United States (decided June 28, 2024), the Supreme Court held that 18 U.S.C. §1512(c)(2) criminalizes only conduct that impairs the availability or integrity of records, documents, objects, or other things for use in an official proceeding. The Court vacated the D.C. Circuit judgment and remanded the case.
Why this matters
This decision limits how prosecutors can use §1512(c)(2), a broad obstruction statute, in cases involving obstruction of congressional or other official proceedings. It clarifies that the statute targets actions directed at evidence or its availability rather than all obstructive acts unrelated to tangible evidence. That narrows a tool the government has used in investigations and prosecutions arising from protests, riots, and other disruptions.
Who may feel it
- Defendants charged with obstruction under 18 U.S.C. §1512(c)(2)
- Federal prosecutors and investigators who rely on obstruction statutes
- Congress and courts handling cases about obstruction of official proceedings
- Advocates and participants in protests or public disruptions where obstruction charges may be considered
Key questions
- Does §1512(c)(2) criminalize any obstructive act that affects an official proceeding, or must the act specifically target evidence (records, documents, objects, or other things)?