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elleng

(131,606 posts)
6. *The law, signed in 2002, was prompted by accounting fraud and the destruction of documents,
Tue Apr 16, 2024, 02:17 PM
Apr 16

but the provision is written in broad terms.

At least part of what the law meant to accomplish was to address a gap in the federal criminal code: It was a crime to persuade others to destroy records relevant to an investigation or official proceeding but not to do so oneself. The law sought to close that gap.

It did that in a two-part provision. The first part makes it a crime to corruptly alter, destroy or conceal evidence to frustrate official proceedings. The second part, at issue in Mr. Fischer’s case, makes it a crime “otherwise” to corruptly obstruct, influence or impede any official proceeding.

The heart of the case is at the pivot from the first part to the second. The ordinary meaning of “otherwise,” prosecutors say, is “in a different manner.” That means, they say, that the obstruction of official proceedings need not involve the destruction of evidence. The second part, they say, is broad catchall applying to all sorts of conduct.'

https://www.nytimes.com/2024/04/16/us/supreme-court-jan-6-trump.html

They seem too be doing what we lawyers do, 'hairsplitting' or not. I'm enjoying reading about the argument.

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