Supreme Court wrestles with whether obstruction statute §1512(c)(2) is limited to evidence tampering or a broad catchall

The Supreme Court heard arguments over the scope of 18 U.S.C. §1512(c)(2) in Fisher v. United States, a case that asks whether the statute is an evidence‑tampering provision or a broader obstruction clause. Petitioner’s counsel, Mister Green, urged the justices to read subsection (c)(2) in light of the enumerated acts in subsection (c)(1), saying Congress enacted the provisions after the Enron scandal to target alteration or impairment of documents and records.

“We will hear argument this morning in case 235572, Fisher versus United States,” the Court began; counsel for the petitioner opened by saying Congress enacted §1512(c) after Enron and that the statute “prohibits the impairment of the integrity or availability of information and evidence to be used in a proceeding.” Mister Green argued that the “otherwise” clause should not be used to import a free‑standing omnibus obstruction crime that would subsume the enumerated offenses.

The government,…