U.S. Supreme Court
Jan. 9, 2024
Shooting holes through the meaning of obstruction
By granting certiorari, the Supreme Court has indicated that at least four justices are interested in considering whether Subsection (2) of the Sarbanes-Oxley statute applies broadly to obstructive acts.
John H. Minan
Emeritus Professor of Law, University of San Diego School of Law
Professor Minan is a former attorney with the Department of Justice in Washington, D.C. and the former chairman of the San Diego Regional Water Quality Board.
In United States v. Fischer, 23-5572 (2023), the Supreme Court has granted certiorari to consider whether the D.C. Circuit committed error in broadly interpreting the federal obstruction statute (18 U.S.C. Sec. 1512(c)) against the defendants who allegedly participated in the Jan. 6 riot at the Capitol.
The decision is likely to affect the government’s case against former President D...