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Supreme Court to hear dispute over obstruction law used to prosecute Jan. 6 defendants
Washington — The Supreme Court said Wednesday that it will hear a court fight involving the breadth of a federal obstruction law that has been used to prosecute scores of defendants for their alleged actions during the Jan. 6, 2021, assault on the U.S. Capitol, as well as former President Donald Trump.
An eventual decision from the Supreme Court in the case known as Fischer v. U.S. could have far-reaching impacts, since the Justice Department has charged more than 300 people under the obstruction statute in cases related to Jan. 6.
Most significantly, special counsel Jack Smith has charged Trump with a single count of corruptly obstructing and impeding an official proceeding, namely Congress’ certification of the Electoral College results on Jan. 6. The former president has pleaded not guilty to that offense and the three others he is facing in the case related to the 2020 presidential election. A trial in Trump’s case is set to begin in March.
The Supreme Court case
Requests for the Supreme Court to weigh in arose from three criminal prosecutions in the federal district court in Washington, D.C., of defendants facing charges stemming from their participation in the assault on the Capitol.
Each of the three men — Edward Lang, Garrett Miller and Joseph Fischer — were charged with corruptly obstructing, influencing or impeding an official proceeding. The provision is part of the Sarbanes-Oxley Act, which was passed in 2002 following the Enron scandal.
The U.S. district court granted Miller’s request to dismiss the obstruction count, finding that while the joint session of Congress on Jan. 6 was an official proceeding, the conduct alleged in the indictment was outside the scope of the law. The provision, it said, was limited by language earlier in the statute and only applied if a defendant took “some action with respect to a document, record, or other object in order to corruptly obstruct, impede or influence an official proceeding.”
Prosecutors did not allege that Miller “took some action with respect to a document, record, or other object in order to corruptly obstruct, impede, or influence Congress’s certification of the electoral vote,” the district court said.
The court applied its reasoning to dismiss the obstruction counts against Fischer and Lang, but the U.S. Court of Appeals for the District of Columbia Circuit reversed the dismissal orders. A divided three-judge panel found that the law “applies to all forms of corrupt obstruction of an official proceeding” and said the lower court erred when it interpreted the provision to apply only to actions taken regarding documents, records or other objects.
During the appellate proceedings, federal prosecutors dismissed one of the counts against Miller for transmitting a threat in interstate commerce, and he pleaded guilty to remaining charges. Miller was sentenced to 38 months in prison and three years of supervised release.
The three defendants appealed the D.C. Circuit’s decision to the Supreme Court, raising the question of whether their alleged conduct on Jan. 6 falls within the scope of the obstruction statute. Each, however, has different reasoning as to why their alleged acts are not covered by the law.
Others who entered the Capitol on Jan. 6 and were prosecuted under the measure urged the Supreme Court to step in. Trial courts, prosecutors and defense attorneys “have no clear guidance on the requirements or scope” of the obstruction law, lawyers for three other Capitol defendants told the justices in a filing.
They argued that none of the three judges on the D.C. Circuit, Judges Gregory Katsas, Justin Walker and Florence Pan, agreed on what conduct violates the statute, and warned that the broad reading of the law means it would cover any unlawful act that could be tied to an official proceeding.
The Biden administration urged the Supreme Court to turn away the cases, arguing in part that the obstruction provision is broad enough in its reach to cover the conduct of the Jan. 6 rioters and encompasses conduct directed at the official proceeding itself, rather than records or evidence that might be considered.
“It is therefore natural to say that a defendant obstructs an official proceeding by physically blocking it from occurring — as happened here when petitioners and others violently occupied the Capitol for several hours and thereby prevented the joint session of Congress from doing its work,” Solicitor General Elizabeth Prelogar, who represents the government before the high court, wrote in a filing.
The Biden administration also warned that it is too early for the Supreme Court to get involved in the cases, since neither Miller, Fischer nor Lang have been convicted of obstructing an official proceeding.
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Renad Atallah is an unlikely internet sensation: a 10-year-old chef, with a repertoire of simple recipes, cooking in war-torn Gaza. She has nearly a million followers on Instagram, who’ve witnessed her delight as she unpacks parcels of food aid.
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We interviewed Renad via satellite, though we were just 50 miles away, in Tel Aviv. [Israel doesn’t allow outside journalists into Gaza, except on brief trips with the country’s military.]
“There are a lot of dishes I’d like to cook, but the ingredients aren’t available in the market,” Renad told us. “Milk used to be easy to buy, but now it’s become very expensive.”
I asked, “How does it feel when so many people like your internet videos?”
“All the comments were positive,” she said. “When I’m feeling tired or sad and I want something to cheer me up, I read the comments.”
We sent a local camera crew to Renad’s home as she made Ful, a traditional Middle Eastern bean stew. Her older sister Noorhan says they never expected the videos to go viral. “Amazing food,” Noorhan said, who added that her sibling made her “very surprised!”
After more than a year of war, the Gaza Strip lies in ruins. Nearly everyone has been displaced from their homes. The United Nations says close to two million people are experiencing critical levels of hunger.
Hamada Shaqoura is another chef showing the outside world how Gazans are getting by, relying on food from aid packages, and cooking with a single gas burner in a tent.
Shaqoura also volunteers with the charity Watermelon Relief, which makes sweet treats for Gaza’s children.
In his videos online, Shaqoura always appears very serious. Asked why, he replied, “The situation does not call for smiling. What you see on screen will never show you how hard life is here.”
Before dawn one recent morning in Israel, we watched the UN’s World Food Program load nearly two dozen trucks with flour, headed across the border. The problem is not a lack of food; the problem is getting the food into the Gaza Strip, and into the hands of those who desperately need it.
The UN has repeatedly accused Israel of obstructing aid deliveries to Gaza. Israel’s government denies that, and claims that Hamas is hijacking aid.
“For all the actors that are on the ground, let the humanitarians do their work,” said Antoine Renard, the World Food Program’s director in the Palestinian territories.
I asked, “Some people might see these two chefs and think, well, they’re cooking, they have food.”
“They have food, but they don’t have the right food; they’re trying to accommodate with anything that they can find,” Renard said.
Even in our darkest hour, food can bring comfort. But for many in Gaza, there’s only the anxiety of not knowing where they’ll find their next meal.
For more info:
Story produced by Mikaela Bufano. Editor: Carol Ross.
See also:
“Sunday Morning” 2024 “Food Issue” recipe index
Delicious menu suggestions from top chefs, cookbook authors, food writers, restaurateurs, and the editors of Food & Wine magazine.
It’s been said the best meals come from the heart, not from a recipe book. But at this USDA kitchen, there’s no pinch of this, dash of that, no dollops or smidgens of anything. Here, nutritionists in white coats painstakingly measure every single ingredient, down to the tenth of a gram.
Sheryn Stover is expected to eat every crumb of her pizza; any tiny morsels she does miss go back to the kitchen, where they’re scrutinized like evidence of some dietary crime.
Stover (or participant #8180, as she’s known) is one of some 10,000 volunteers enrolled in a $170 million nutrition study run by the National Institutes of Health. “At 78, not many people get to do studies that are going to affect a great amount of people, and I thought this was a great opportunity to do that,” she said.
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It’s called the Nutrition for Precision Health Study. “When I tell people about the study, the reaction usually is, ‘Oh, that’s so cool, can I do it?'” said coordinator Holly Nicastro.
She explained just what “precise” precisely means: “Precision nutrition means tailoring nutrition or dietary guidance to the individual.”
The government has long offered guidelines to help us eat better. In the 1940s we had the “Basic 7.” In the ’50s, the “Basic 4.” We’ve had the “Food Wheel,” the “Food Pyramid,” and currently, “My Plate.”
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They’re all well-intentioned, except they’re all based on averages – what works best for most people, most of the time. But according to Nicastro, there is no one best way to eat. “We know from virtually every nutrition study ever conducted, we have inner individual variability,” she said. “That means we have some people that are going to respond, and some people that aren’t. There’s no one-size-fits-all.”
The study’s participants, like Stover, are all being drawn from another NIH study program called All Of Us, a massive undertaking to create a database of at least a million people who are volunteering everything from their electronic health records to their DNA. It was from that All of Us research that Stover discovered she has the gene that makes some foods taste bitter, which could explain why she ate more of one kind of food than another.
Professor Sai Das, who oversees the study at Tufts University, says the goal of precision nutrition is to drill down even deeper into those individual differences. “We’re moving away from just saying everybody go do this, to being able to say, ‘Okay, if you have X, Y and Z characteristics, then you’re more likely to respond to a diet, and somebody else that has A, B and C characteristics will be responding to the diet differently,'” Das said.
It’s a big commitment for Stover, who is one of 150 people being paid to live at a handful of test sites around the country for six weeks – two weeks at a time. It’s so precise she can’t even go for a walk without a dietary chaperone. “Well, you could stop and buy candy … God forbid, you can’t do that!” she laughed.
While she’s here, everything from her resting metabolic rate, her body fat percentage, her bone mineral content, even the microbes in her gut (digested by a machine that essentially is a smart toilet paper reading device) are being analyzed for how hers may differ from someone else’s.
Nicastro said, “We really think that what’s going on in your poop is going to tell us a lot of information about your health and how you respond to food.”
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Stover says she doesn’t mind, except for the odd sounds the machine makes. While she is a live-in participant, thousands of others are participating from their homes, where electronic wearables track all kinds of health data, including special glasses that record everything they eat, activated when someone starts chewing. Artificial intelligence can then be used to determine not only which foods the person is eating, but how many calories are consumed.
This study is expected to be wrapped up by 2027, and because of it, we may indeed know not only to eat more fruits and vegetables, but what combination of foods is really best for us. The question that even Holly Nicastro can’t answer is, will we listen? “You can lead a horse to water; you can’t make them drink,” she said. “We can tailor the interventions all day. But one hypothesis I have is that if the guidance is tailored to the individual, it’s going to make that individual more likely to follow it, because this is for me, this was designed for me.”
For more info:
Story produced by Mark Hudspeth. Editor: Ed Givnish.
“Sunday Morning” 2024 “Food Issue” recipe index
Delicious menu suggestions from top chefs, cookbook authors, food writers, restaurateurs, and the editors of Food & Wine magazine.
