Supreme Court of the United States · Official docket →
Garret Miller v. United States
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 22-3041 · judgment April 7, 2023
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
Whether the obstruction-of-justice offenses in 18 U.S.C. § 1512(c) cover only acts that affect the integrity or availability of evidence, or whether they criminalize advocacy, lobbying and protest in connection with congressional proceedings that are neither inquiries nor investigations, such as Congress’s joint session to certify the Electoral College vote count. Whether § 1512(c)’s “corruptly” element requires proof that the defendant acted with the intent to obtain an unlawful benefit, or whether it merely requires proof that the defendant acted with an improper or wrongful purpose or through unlawful means.
Counsel of record
For petitioner
David Benjamin Smith
David B. Smith, PLLC
For respondent
Elizabeth B. Prelogar
Solicitor General
Proceedings
- Aug 05 2024Judgment Issued.
- Jul 02 2024Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of Fischer v. United States, 603 U. S. ___ (2024).
- Jun 28 2024DISTRIBUTED for Conference of 7/1/2024.
- Dec 01 2023Rescheduled.
- Dec 01 2023DISTRIBUTED for Conference of 12/8/2023.
- Nov 14 2023DISTRIBUTED for Conference of 12/1/2023.
- Nov 08 2023Reply of petitioner Garret Miller filed.
- Oct 30 2023Brief of respondent United States in opposition filed. VIDED.
- Sep 26 2023Motion to extend the time to file a response is granted and the time is further extended to and including October 30, 2023.
- Sep 25 2023Motion to extend the time to file a response from October 2, 2023 to October 30, 2023, submitted to The Clerk.
- Aug 30 2023Brief amici curiae of Christopher Warnagiris, et al. filed. VIDED.
- Aug 28 2023Motion to extend the time to file a response is granted and the time is extended to and including October 2, 2023.
- Aug 24 2023Motion to extend the time to file a response from August 31, 2023 to October 1, 2023, submitted to The Clerk.
- Jul 28 2023Petition for a writ of certiorari filed. (Response due August 31, 2023)