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Joseph W. Fischer v. United States

IFP petition · United States Court of Appeals for the District of Columbia Circuit, No. 22-3038 · judgment April 7, 2023


Decided · June 28, 2024

Question presented

Did the D.C. Circuit err in construing 18 U.S.C. § 1512(c) (“Witness, Victim, or Informant Tampering"). Which prohibits obstruction of congressional inquiries and investigations. to include acts unrelated to investigations and evidence?

Counsel of record

For petitioner
Frederick William Ulrich
Federal Public Defenders Office

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Conference history
Distributed for 2 conferences

Amicus briefs
1 cert-stage · 11 merits
(9 supporting pet./neither, 2 respondent)

Argument & decision

Argued April 16, 2024 — Jeffrey T. Green · Elizabeth B. Prelogar. Audio and transcript

Decided June 28, 2024. Opinion by Roberts, C.J..

Proceedings

  1. Jul 30 2024
    Judgment Issued.
  2. Jun 28 2024
    Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion of the Court, in which Thomas, Alito, Gorsuch, Kavanaugh, and Jackson, JJ., joined. Jackson, J., filed a concurring opinion. Barrett, J., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined.
  3. Apr 16 2024
    Argued. For petitioner: Jeffrey T. Green, Bethesda, Md. For respondent: Elizabeth B. Prelogar, Solicitor General, Department of Justice, Washington, D. C.
  4. Mar 28 2024
    Reply of petitioner Joseph Fischer filed. (Distributed)
  5. Mar 20 2024
    CIRCULATED
  6. Mar 06 2024
    Brief amici curiae of John Danforth, et al. filed.
  7. Mar 06 2024
    Brief amici curiae of Former Government Officials, et al. filed.
  8. Feb 28 2024
    Brief of respondent United States filed.
  9. Feb 21 2024
    Record requested from the United States Court of Appeals for the District of Columbia Circuit.
  10. Feb 21 2024
    Record received from the United States Court of Appeals for the District of Columbia Circuit. The record is electronic and is available on PACER.
  11. Feb 16 2024
    SET FOR ARGUMENT on Tuesday, April 16, 2024.
  12. Feb 05 2024
    Brief amicus curiae of American Center for Law and Justice in support of neither party filed.
  13. Feb 05 2024
    Brief amici curiae of Law-Linguistics Research Team Clark D. Cunningham and Ute Romer-Barron in support of neither party filed.
  14. Feb 05 2024
    Brief amici curiae of U.S. Senator Tom Cotton, et al. filed.
  15. Feb 05 2024
    Brief amicus curiae of Liberty Counsel Action, Inc. filed.
  16. Feb 05 2024
    Brief amici curiae of America's Future, et al. filed.
  17. Feb 05 2024
    Brief amicus curiae of Citizens Concerned for the Constitutional Rights of Defendants filed.
  18. Feb 05 2024
    Brief amici curiae of Christopher Warnagiris, et al. filed.
  19. Feb 02 2024
    Brief amicus curiae of LONANG Institute filed.
  20. Jan 29 2024
    Brief of petitioner Joseph Fischer filed.
  21. Jan 29 2024
    Joint appendix filed. (Statement of costs filed)
  22. Jan 29 2024
    Brief amicus curiae of FormerFedsGroup Freedom Foundation, et al. filed.
  23. Dec 13 2023
    Motion to proceed in forma pauperis and petition for a writ of certiorari GRANTED.
  24. Dec 01 2023
    Rescheduled.
  25. Dec 01 2023
    DISTRIBUTED for Conference of 12/8/2023.
  26. Nov 14 2023
    DISTRIBUTED for Conference of 12/1/2023.
  27. Nov 13 2023
    Reply of petitioner Joseph Fischer filed. (Distributed)
  28. Oct 30 2023
    Brief of respondent United States in opposition filed. VIDED.
  29. Oct 13 2023
    Brief amici curiae of America's Future, et al. filed
  30. Oct 04 2023
    Motion to extend the time to file a response is granted and the time is extended to and including November 13, 2023.
  31. Oct 03 2023
    Motion to extend the time to file a response from October 13, 2023 to November 13, 2023, submitted to The Clerk.
  32. Sep 11 2023
    Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 13, 2023)
  33. Aug 15 2023
    Application (23A136) granted by The Chief Justice extending the time to file until October 5, 2023.
  34. Aug 09 2023
    Application (23A136) to extend the time to file a petition for a writ of certiorari from August 21, 2023 to October 5, 2023, submitted to The Chief Justice.