The Corner

In Reading the Obstruction Statute, Do We Look before or after ‘Otherwise’?

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People walk across the plaza to enter the U.S. Supreme Court building in Washington, D.C.

Jonathan Ernst/Reuters

In this morning’s Fischer case oral argument over the obstruction statute (see my earlier post), Justice Clarence Thomas cut right to the chase regarding the ambiguity in the provisions text. Justice Thomas asked, do we look before or after the key word otherwise?

Here is what Section 1512(c)(2) says (my italics):

Andrew C. McCarthy

About the Author

Andrew C. McCarthy

Andrew C. McCarthy is a senior fellow at National Review Institute, an NR contributing editor, and author of Ball of Collusion: The Plot to Rig an Election and Destroy a Presidency.

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