Fisher vs United States
For the first time ever the Government is charging protesters with 18 U.S. Code § 1512 c.
The Government position is that any willful activity that the Government wants to claim is “wrong” that obstructs, influences, or impedes an Official proceeding can resulting up to 20 years of prison.
A protest. A leak of a SCOTUS opinion. A shout in a courtroom.
This is crazy!
Also, why would you need c(2) if c(1) covers everything?
18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant
c)Whoever corruptly—
(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding;
or
(2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,
shall be fined under this title or imprisoned not more than 20 years, or both.
The word "corruptly" simply means "with a bad or evil purpose." It is also frequently defined to mean the same thing as "willfully," and thus to connote "specific intent." See, e.g., 1 Devitt & Blackmar, Federal Jury Practice and Instructions, §§ 14.03, 14.06, 34.08.
(1) the term “official proceeding” means—
(A) a proceeding before
a judge or court of the United States,
a United States magistrate judge,
a bankruptcy judge,
a judge of the United States Tax Court,
a special trial judge of the Tax Court,
a judge of the United States Court of Federal Claims,
or
a Federal grand jury;
(B) a proceeding before the Congress;
(C) a proceeding before a Federal Government agency which is authorized by law;
or
(D) a proceeding involving the business of insurance whose activities affect interstate commerce before any insurance regulatory official or agency or any agent or examiner appointed by such official or agency to examine the affairs of any person engaged in the business of insurance whose activities affect interstate commerce;
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