Fischer v. United States

(Slip Opinion)              OCTOBER TERM, 2023                                       1

                                       Syllabus

         NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
       being done in connection with this case, at the time the opinion is issued.
       The syllabus constitutes no part of the opinion of the Court but has been
       prepared by the Reporter of Decisions for the convenience of the reader.
       See United States v. Detroit Timber & Lumber Co., 

.


SUPREME COURT OF THE UNITED STATES

                                       Syllabus

                    FISCHER v. UNITED STATES

CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR
          THE DISTRICT OF COLUMBIA CIRCUIT

      No. 23–5572. Argued April 16, 2024—Decided June 28, 2024
The Sarbanes-Oxley Act of 2002 imposes criminal liability on anyone
  who corruptly “alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair
  the object’s integrity or availability for use in an official proceeding.”
  

(c)(1). The next subsection extends that prohibition
  to anyone who “otherwise obstructs, influences, or impedes any official
  proceeding, or attempts to do so.” §1512(c)(2). Petitioner Joseph
  Fischer was charged with violating §1512(c)(2) for his conduct on January 6, 2021. On that day, Congress convened in a joint session to
  certify the votes in the 2020 Presidential election. While they did so,
  a crowd of supporters of then-President Donald Trump gathered outside the Capitol, and some eventually forced their way into the building, breaking windows and assaulting police. App. 189. This breach
  of the Capitol delayed the certification of the vote. The criminal complaint alleges that Fischer was among those who invaded the building.
  Fischer was charged with various crimes for his actions on January 6,
  including obstructing an official proceeding in violation of §1512(c)(2).
  He moved to dismiss that charge, arguing that the provision criminalizes only attempts to impair the availability or integrity of evidence.
  The District Court granted his motion in relevant part. A divided
  panel of the D. C. Circuit reversed and remanded for further proceedings.
Held: To prove a violation of §1512(c)(2), the Government must establish
 that the defendant impaired the availability or integrity for use in an
 official proceeding of records, documents, objects, or other things used
 in an official proceeding, or attempted to do so.
    (a) To determine the scope of the residual “otherwise” clause in
 §1512(c)(2), the Court must decide how it is linked to its “surrounding
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                                    Syllabus

    words,” Yates v. United States, 

, 536 (plurality opinion),
    and “ ‘give effect, if possible, to every clause and word of [the] statute.’ ”
    Williams v. Taylor, 

 (quoting United States v.
    Menasche, 

). The Court considers both “the specific context” in which (c)(2) appears “and the broader context of the
    statute as a whole.” Robinson v. Shell Oil Co., 

.
          (1) Section 1512(c)(1) describes particular types of criminal conduct in specific terms. The purpose of (c)(2) is, as the parties agree, to
    cover some set of “matters not specifically contemplated” by (c)(1). Republic of Iraq v. Beaty, 

. Perhaps Congress sought
    to criminalize all obstructive acts in §1512(c), and having named a few
    examples in (c)(1), devised (c)(2) to prohibit the rest. But (c)(2) could
    have a narrower scope if Congress designed it to fill inadvertent gaps
    in the focused language of (c)(1).
       One way to discern the reach of an “otherwise” clause is to look for
    guidance from whatever examples come before it. Two general principles are relevant. First, the canon of noscitur a sociis teaches that a
    word is “given more precise content by the neighboring words with
    which it is associated.” United States v. Williams, 

.
    And under the related canon of ejusdem generis, a general or collective
    term at the end of a list of specific items is typically controlled and
    defined by reference to those specific items that precede it. Southwest
    Airlines Co. v. Saxon, 

. These approaches to statutory interpretation track the common sense intuition that Congress
    would not ordinarily introduce a general term that renders meaningless the specific text that accompanies it.
       Under these principles, the “otherwise” provision of §1512(c)(2) is
    limited by the list of specific criminal violations that precede it in (c)(1).
    If, as the Government asserts, (c)(2) covers all forms of obstructive conduct beyond §1512(c)(1)’s focus on evidence impairment, Congress
    would have had little reason to provide any specific examples at all.
    And the sweep of subsection (c)(2) would swallow (c)(1), leaving that
    narrower provision with no work to do.
       Tethering subsection (c)(2) to the context of (c)(1) recognizes the distinct purpose of each provision. Subsection (c)(1) refers to a defined
    set of offense conduct—four types of actions that, by their nature, impair the integrity or availability of records, documents, or objects for
    use in an official proceeding. Reading the “otherwise” clause as having
    been given more precise content by (c)(1), subsection (c)(2) makes it a
    crime to impair the availability or integrity of records, documents, or
    objects used in an official proceeding in ways other than those specified
    in (c)(1). For example, it is possible to violate (c)(2) by creating false
    evidence—rather than altering incriminating evidence. Subsection
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                                  Syllabus

  (c)(2) also ensures that liability is still imposed for impairing the availability or integrity of other things used in an official proceeding beyond
  the “record[s], document[s], or other object[s]” enumerated in (c)(1),
  such as witness testimony or intangible information.
        (2) It makes sense to read (c)(2) as limited by (c)(1) in light of the
  history of the provision. The Enron accounting scandal exposed a loophole in §1512. At that time, the statute imposed liability on anyone
  who, among other things, corruptly persuaded another person to shred
  documents. But it curiously failed to impose liability on a person who
  destroyed records himself. The parties agree that Congress enacted
  §1512(c) as part of the broader Sarbanes-Oxley Act to plug this loophole. It would be peculiar to conclude that in closing the Enron gap,
  Congress created a catch-all provision that reaches beyond the scenarios that prompted the legislation.
     (b) The broader context of §1512 in the criminal code confirms that
  (c)(2) is limited by the scope of (c)(1). Federal obstruction law consists
  of numerous provisions that target specific criminal acts and settings,
  much of which would be unnecessary if (c)(2) criminalized essentially
  all obstructive conduct. Given the Court’s obligation to give meaning
  where possible to each word and provision in the Code, Taylor, 

, the Court’s narrower interpretation of subsection (c)(2)
  is the superior one.
     An unbounded interpretation of subsection (c)(2) would also render
  superfluous the careful delineation of different types of obstructive
  conduct in §1512 itself. That section provides a reticulated list of
  nearly two dozen means of committing obstruction with penalties
  ranging from three years to life in prison, or even death. The Government’s reading would lump together under (c)(2) disparate types of
  conduct for which Congress had assigned proportionate sentences.
     (c) The Government’s theory would also criminalize a broad swath
  of prosaic conduct, exposing activists and lobbyist to decades in prison.
  Our usual approach in obstruction cases has been to “resist reading”
  particular sub-provisions “to create a coverall statute.” Yates, 574
  U. S., at 549 (plurality opinion). Nothing in the text or statutory history gives the Court a reason to depart from that practice today. And
  the Government’s interpretation would give prosecutors broad discretion to seek a 20-year maximum sentence for acts Congress saw fit to
  punish with far shorter sentences. By reading (c)(2) in light of (c)(1),
  the Court affords proper respect to “the prerogatives of Congress” in
  carrying out the quintessentially legislative act of defining crimes and
  setting the penalties for them. United States v. Aguilar, 

.

, vacated and remanded.
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                               Syllabus

   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.
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                             Opinion of the Court

     NOTICE: This opinion is subject to formal revision before publication in the
     United States Reports. Readers are requested to notify the Reporter of
     Decisions, Supreme Court of the United States, Washington, D. C. 20543,
     [email protected], of any typographical or other formal errors.


SUPREME COURT OF THE UNITED STATES
                                   _________________

                                   No. 23–5572
                                   _________________


           JOSEPH W. FISCHER, PETITIONER v.
                   UNITED STATES
 ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
    APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
                                 [June 28, 2024]

   CHIEF JUSTICE ROBERTS delivered the opinion of the
Court.
   The Sarbanes-Oxley Act of 2002 imposes criminal liability on anyone who corruptly “alters, destroys, mutilates, or
conceals a record, document, or other object, or attempts to
do so, with the intent to impair the object’s integrity or
availability for use in an official proceeding.” 

(c)(1). The next subsection extends that prohibition
to anyone who “otherwise obstructs, influences, or impedes
any official proceeding, or attempts to do so.” §1512(c)(2).
We consider whether this “otherwise” clause should be read
in light of the limited reach of the specific provision that
precedes it.
                             I
  This case concerns the prosecution of petitioner Joseph
Fischer for his conduct on January 6, 2021. That day, both
Houses of Congress convened in a joint session to certify the
votes in the 2020 Presidential election. While they did so,
a crowd of supporters of then-President Donald Trump
gathered outside the Capitol. As set forth in the criminal
complaint against Fischer, some of the crowd eventually
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                      Opinion of the Court

“forced entry” into the building, “breaking windows,” and
“assaulting members of the U. S. Capitol Police.” App. 189.
This breach of the Capitol caused Members of Congress to
evacuate the Chambers and delayed the certification process. The complaint alleges that Fischer was one of those
who invaded the building.
   According to the complaint, about an hour after the
Houses recessed, Fischer trespassed into the Capitol and
was involved in a physical confrontation with law enforcement. Fischer claimed in Facebook posts that he “pushed
police back about 25 feet,” and that he “was inside the [Capitol] talking to police.” Id., at 193–194. Body camera footage shows Fischer near a scrum between the crowd and police who were trying to eject trespassers from the building.
Id., at 195–196.
   A grand jury returned a seven-count superseding indictment against Fischer. Six of those counts allege that
Fischer forcibly assaulted a federal officer, entered and remained in a restricted building, and engaged in disorderly
and disruptive conduct in the Capitol, among other crimes.
See id., at 181–185; 

(a), 231(a)(3),
1752(a)(1), (a)(2); 

(e)(2)(D), (G). Those six
counts carry maximum penalties ranging from six months’
to eight years’ imprisonment.
   In Count Three, the only count now before us, the Government charged Fischer with violating 

(c)(2). Fischer moved to dismiss that count, arguing
that the provision criminalizes only attempts to impair the
availability or integrity of evidence. The District Court
granted his motion in relevant part. It concluded that the
scope of Section 1512(c)(2) is limited by subsection (c)(1)
and therefore requires the defendant to “ ‘have taken some
action with respect to a document, record, or other object.’ ”

, *4 (DC, Mar. 15, 2022) (quoting United
States v. Miller, 

, 78 (DC 2022)).
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                       Opinion of the Court

   A divided panel of the D. C. Circuit reversed and remanded for further proceedings. Judge Pan, writing for the
court, held that the word “otherwise” in Section 1512(c)(2)
means that the provision unambiguously covers “all forms
of corrupt obstruction of an official proceeding, other than
the conduct that is already covered by §1512(c)(1).” 

 (2023). Judge Walker concurred in part and
concurred in the judgment because he read the mens rea
element of the statute—“corruptly”—as requiring a defendant to act with “an intent to procure an unlawful benefit.”

 (internal quotation marks omitted).
   Judge Katsas dissented. In his view, the language in subsection (c)(1) narrows the language that comes after the
word “otherwise” in subsection (c)(2). He therefore construed Section 1512(c)(2) as applying “only to acts that,”
like the ones specified in (c)(1), “affect the integrity or availability of evidence” at an official proceeding. 

.
   We granted certiorari. 

 (2023).
                               II
   The controversy before us is about the scope of the residual “otherwise” clause in Section 1512(c)(2). On the one
hand, Fischer contends that (c)(2) “applies only to acts that
affect the integrity or availability of evidence.” Brief for Petitioner 8. On the other, the Government argues that (c)(2)
“capture[s] all forms of obstructive conduct beyond Section
1512(c)(1)’s focus on evidence impairment.” Brief for
United States 13.
   Resolving such a dispute requires us to determine how
the residual clause is linked to its “surrounding words.”
Yates v. United States, 

, 536 (2015) (plurality
opinion); see, e.g., United States v. Hansen, 

,
774–775 (2023). In doing so, “we must ‘give effect, if possible, to every clause and word of [the] statute.’ ” Williams v.
Taylor, 

 (2000) (quoting United States v.
Menasche, 

, 538–539 (1955)). To that end, we
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                        Opinion of the Court

consider both “the specific context” in which (c)(2) appears
“and the broader context of the statute as a whole.” Robinson v. Shell Oil Co., 

 (1997); see, e.g., Pulsifer v. United States, 

, 133 (2024) (choosing
between “two grammatically permissible ways” to read a
sentencing statute “by reviewing text in context”).
                                 A
                                 1
    Section 1512 provides:
      “(c) Whoever corruptly—
         “(1) alters, destroys, mutilates, or conceals a record,
      document, or other object, or attempts to do so, with the
      intent to impair the object’s integrity or availability for
      use in an official proceeding; or
         “(2) otherwise obstructs, influences, or impedes any
      official proceeding, or attempts to do so,
      “shall be fined . . . or imprisoned not more than 20
      years, or both.”
   Subsection (c)(1) describes particular types of criminal
conduct in specific terms. To ensure the statute would not
be read as excluding substantially similar activity not mentioned, (c)(2) says it is also illegal to engage in some broader
range of unenumerated conduct.
   The purpose of the “otherwise” clause is therefore, as the
parties agree, to cover some set of “matters not specifically
contemplated” by (c)(1). Republic of Iraq v. Beaty, 

 (2009); see Brief for Petitioner 12; Brief for United
States 12–13. The problem is defining what exactly Congress left for (c)(2). Perhaps Congress sought to criminalize
all obstructive acts in Section 1512(c), and having named a
few examples in (c)(1), devised (c)(2) to prohibit the rest in
one go. The point of (c)(1) would then be to illustrate just
one type of conduct among many (c)(2) prohibits; it would
be subsidiary to the overarching prohibition in (c)(2). But
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                      Opinion of the Court

(c)(2) could well have a narrower scope if Congress designed
it with the focused language of (c)(1) in mind. Subsection
(c)(1) would then prohibit particular types of obstructive
conduct and (c)(2) would fill any inadvertent gaps that
might exist.
    One way to discern the reach of an “otherwise” clause is
to look for guidance from whatever examples come before
it. Two general principles are relevant. First, the canon of
noscitur a sociis teaches that a word is “given more precise
content by the neighboring words with which it is associated.” United States v. Williams, 

 (2008).
That “ avoid[s] ascribing to one word a meaning so broad
that it is inconsistent with” “the company it keeps.” Gustafson v. Alloyd Co., 

 (1995). And under
the related canon of ejusdem generis, “a ‘general or collective term’ at the end of a list of specific items” is typically
“ ‘controlled and defined by reference to’ the specific classes
. . . that precede it.” Southwest Airlines Co. v. Saxon, 

 (2022) (quoting first Ali v. Federal Bureau of
Prisons, 

 (2008); then Circuit City Stores,
Inc. v. Adams, 

 (2001)); accord, Bissonnette v. LePage Bakeries Park St., LLC, 

,
252 (2024). These approaches to statutory interpretation
track the common sense intuition that Congress would not
ordinarily introduce a general term that renders meaningless the specific text that accompanies it.
    To see why, consider a straightforward example. A zoo
might post a sign that reads, “do not pet, feed, yell or throw
objects at the animals, or otherwise disturb them.” If a visitor eats lunch in front of a hungry gorilla, or talks to a
friend near its enclosure, has he obeyed the regulation?
Surely yes. Although the smell of human food or the sound
of voices might well disturb gorillas, the specific examples
of impermissible conduct all involve direct interaction with
and harassment of the zoo animals. Merely eating or talking is so unlike the examples that the zoo provided that it
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                      Opinion of the Court

would be implausible to assume those activities were prohibited, even if literally covered by the language.
    The idea is simply that a general phrase can be given a
more focused meaning by the terms linked to it. That principle ensures—regardless of how complicated a sentence
might appear—that none of its specific parts are made redundant by a clause literally broad enough to include them.
See Yates, 574 U. S., at 545–546 (plurality opinion). For
instance, a football league might adopt a rule that players
must not “grab, twist, or pull a facemask, helmet, or other
equipment with the intent to injure a player, or otherwise
attack, assault, or harm any player.” If a linebacker shouts
insults at the quarterback and hurts his feelings, has the
linebacker nonetheless followed the rule? Of course he has.
The examples of prohibited actions all concern dangerous
physical conduct that might inflict bodily harm; trash talk
is simply not of that kind. See 64 F. 4th, at 365–366
(Katsas, J., dissenting).
    Similarly improbable consequences can result from untethering an “otherwise” provision from the rest of a criminal statute. Take Begay v. United States, 

(2008) (abrogated on other grounds by Johnson v. United
States, 

 (2015)). The question there was
whether driving under the influence qualified as a “violent
felony” under the Armed Career Criminal Act (ACCA). A
“violent felony” was defined in relevant part by ACCA as a
crime, punishable by more than a year’s imprisonment, that
“ ‘is burglary, arson, or extortion, involves use of explosives,
or otherwise involves conduct that presents a serious potential risk of physical injury to another.’ ” 553 U. S., at 139–
140 (quoting 

(e)(2)(B)(ii) (2000 ed.)). We
recognized that, depending on the context, “the word ‘otherwise’ can”—though not “must”—“refer to a crime that is
similar to the listed examples in some respects but different
in others.” 553 U. S., at 144 (emphasis deleted). And we
held that while driving under the influence certainly may
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                          Opinion of the Court

present a serious risk of physical injury, such an offense
was so dissimilar from the previously enumerated examples that it could not be classified as a “violent felony” under
the statute. 

 at 142–146. The list of crimes that preceded the residual clause—burglary, arson, extortion, and
the use of explosives—focused on “purposeful, violent, and
aggressive conduct.” 

 at 144–145 (internal quotation
marks omitted). And if that focus did not extend to the residual clause, ACCA’s 15-year mandatory minimum sentence would apply to a host of offenses “not typically committed by those whom one normally labels ‘armed career
criminals’ ” and that were “far removed . . . from the deliberate kind of behavior associated with violent criminal use
of firearms.”1 

 at 146–147.
   The “otherwise” provision of Section 1512(c)(2) is similarly limited by the preceding list of criminal violations.
The offenses enumerated in subsection (c)(1) cover someone
who “alters, destroys, mutilates, or conceals a record, document, or other object . . . with the intent to impair the object’s integrity or availability for use in an official proceeding.” Complex as subsection (c)(1) may look, it simply
consists of many specific examples of prohibited actions undertaken with the intent to impair an object’s integrity or
availability for use in an official proceeding: altering a record, altering a document, concealing a record, concealing a
document, and so on. That list is followed immediately by
a residual clause in (c)(2). Guided by the basic logic that
Congress would not go to the trouble of spelling out the list
in (c)(1) if a neighboring term swallowed it up, the most sen-

——————
  1 The dissent explains that we subsequently held the ACCA residual

clause void for vagueness. See post, at 8 (opinion of BARRETT, J.) (citing
Johnson v. United States, 

 (2015)). That our answer to
the narrow question presented in Begay did not resolve a broader constitutional defect in the statute says little about whether the reasoning of
Begay is relevant here.
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                      Opinion of the Court

sible inference is that the scope of (c)(2) is defined by reference to (c)(1).
  If, as the Government asserts, (c)(2) covers “all forms of
obstructive conduct beyond Section 1512(c)(1)’s focus on evidence impairment,” Brief for United States 13, there would
have been scant reason for Congress to provide any specific
examples at all. The sweep of subsection (c)(2) would consume (c)(1), leaving that narrower provision with no work
to do. Indeed, subsection (c)(1) would be an elaborate
pumpfake: a list of four types of highly particularized conduct, performed with respect to a record, document, or object and “with the intent to impair the object’s integrity or
availability for use in an official proceeding,” followed in the
very next subsection—in the same sentence, no less—by a
superseding prohibition on all means of obstructing, influencing, or impeding any official proceeding. Construing
Section 1512 in such a way gets the “familiar” analysis we
apply to these types of statutes “exactly backwards,” eliminating specific terms because of broad language that follows
them, rather than limiting the broad language in light of
narrower terms that precede it. Bissonnette, 601 U. S., at
252, 255.
  Tethering subsection (c)(2) to the context of (c)(1) recognizes the distinct purpose of each provision. See A. Scalia
& B. Garner, Reading Law 208 (2012) (“evident purpose”
helps define scope of catchall provision). As we have explained, subsection (c)(1) refers to a defined set of offense
conduct—four types of actions that, by their nature, impair
the integrity or availability of records, documents, or objects for use in an official proceeding. When the phrase
“otherwise obstructs, influences, or impedes any official
proceeding” is read as having been given more precise content by that narrower list of conduct, subsection (c)(2)
makes it a crime to impair the availability or integrity of
records, documents, or objects used in an official proceeding
in ways other than those specified in (c)(1). For example, it
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                      Opinion of the Court

is possible to violate (c)(2) by creating false evidence—rather than altering incriminating evidence. See, e.g., United
States v. Reich, 

, 185–187 (CA2 2007) (Sotomayor, J.) (prosecution under subsection (c)(2) for transmitting a forged court order). Subsection (c)(2) also ensures
that liability is still imposed for impairing the availability
or integrity of other things used in an official proceeding beyond the “record[s], document[s], or other object[s]” enumerated in (c)(1), such as witness testimony or intangible
information. See, e.g., United States v. Mintmire, 

 (CA11 2007) (prosecution under subsection
(c)(2) based in part on the defendant’s attempt to orchestrate a witness’s grand jury testimony).
   The dissent supposes that because the word “otherwise”
in (c)(2) can mean “in a different manner,” “by other
means,” or “in other respects,” (c)(1) and (c)(2) are “distinct
and independent prohibitions.” Post, at 2, 5 (internal quotation marks omitted). But the word “otherwise” is not by
itself “sufficient to demonstrate that the examples do not
limit the scope of the clause.” Begay, 

 (emphasis deleted). “Otherwise” can link a set of examples to
a general phrase and give it more definite meaning—even
in statutory sentences that rival the complexity of Section
1512(c). See Finnegan v. Leu, 

, 437–438
(1982); Breininger v. Sheet Metal Workers, 

, 91–
92 (1989).
                                2
   It makes sense to read subsection (c)(2) as limited by
(c)(1) in light of the history of the provision.
   Prior to the Sarbanes-Oxley Act, Section 1512 imposed
criminal liability on anyone who “knowingly uses intimidation or physical force, threatens, or corruptly persuades another person” to, among other things, shred documents. 

(b)(2)(B) (2000 ed.). But the Enron accounting scandal revealed a loophole: Although Enron’s “outside
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                      Opinion of the Court

auditor, Arthur Andersen LLP, had systematically destroyed potentially incriminating documents,” the statute
curiously failed to “impos[e] liability on a person who destroys records himself.” Yates, 574 U. S., at 535–536 (plurality opinion). As a result, prosecutors had to prove that
higher-ups at Enron and Arthur Andersen persuaded someone else to shred documents rather than the more obvious
theory that someone who shreds documents is liable for doing so. See S. Rep. No. 107–146, p. 7 (2002).
   The parties agree that to plug this loophole, Congress enacted Section 1512(c)—the provision at issue here—as part
of the broader Sarbanes-Oxley Act. It would be peculiar to
conclude that in closing the Enron gap, Congress actually
hid away in the second part of the third subsection of Section 1512 a catchall provision that reaches far beyond the
document shredding and similar scenarios that prompted
the legislation in the first place. The better conclusion is
that subsection (c)(2) was designed by Congress to capture
other forms of evidence and other means of impairing its
integrity or availability beyond those Congress specified in
(c)(1).
                               B
                               1
   The broader context of Section 1512 in the criminal code
confirms that (c)(2) is limited by the scope of (c)(1). Federal
obstruction law consists of numerous provisions that target
specific criminal acts and settings. See 18 U. S. C. ch. 73.
Much of that particularized legislation would be unnecessary if (c)(2) criminalized essentially all obstructive conduct, as the Government contends. Section 1503(a), for example, makes it a crime to “corruptly, or by threats or force,
or by any threatening . . . communication, endeavor[ ] to influence, intimidate, or impede” any juror or court officer.
Section 1504 covers attempting to influence jurors through
written communications. Section 1505 covers anyone who
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                     Opinion of the Court

corruptly obstructs congressional inquiries or investigations. Section 1507 covers picketing or parading in certain
locations “with the intent of interfering with, obstructing,
or impeding the administration of justice.” Section 1509 covers the obstruction of the exercise of rights or performance
of duties under court orders. Section 1510(a) covers obstruction of federal criminal investigations through bribery.
Section 1511(a) covers certain obstruction of state or local
law enforcement with the intent to facilitate illegal gambling. And Sections 1516, 1517, and 1518 address obstructive acts in specific contexts, including federal audits, examinations of financial institutions, and inquiries into
healthcare-related offenses.
   If the Government were correct, then the “otherwise obstructs, influences, or impedes any official proceeding” provision—which is buried in subsection (c)(2) of Section
1512—would largely obviate the need for that broad array
of other obstruction statutes. In light of our obligation to
give meaning where possible to each word and provision in
the Code, Taylor, 

, our narrower interpretation of subsection (c)(2) is the superior one.
                             2
  An unbounded interpretation of subsection (c)(2) would
also render superfluous the careful delineation of different
types of obstructive conduct in Section 1512 itself. That
section provides a reticulated list of nearly two dozen
means of committing obstruction, with varying degrees of
culpability and penalties ranging from three years to life in
prison, or even death. Section 1512(a)(2)(B)(iv), for example, authorizes up to 30 years’ imprisonment for someone
who uses or attempts to use physical force against another
person with the intent of causing him to be absent from an
official proceeding. See §1512(a)(3)(B)(ii) (specifying punishment). Section 1512(d)(1), by contrast, authorizes only
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                          Opinion of the Court

three years’ imprisonment for someone who harasses another person and thereby dissuades him from attending an
official proceeding.
   Reading (c)(2) to cover all forms of obstructive conduct
would override Congress’s careful delineation of which penalties were appropriate for which offenses. Most instances
of those prohibited acts would instead fall under subsection
(c)(2)’s sweeping reach, which provides a 20-year maximum
term of imprisonment. Such a reading of subsection (c)(2)
would lump together disparate types of conduct for which
Congress had assigned proportionate penalties in (a)(2) and
(d)(1).2
                               3
   The Government’s responses to this surplusage problem
are not convincing.
   It first argues that because other provisions in Section
1512 would allow conviction in some circumstances on a
“lesser mens rea than ‘corruptly,’ ” they have “a broader
compass” than (c)(2). Brief for United States 34. For instance, the Government contends that subsection (b) can be
violated by “knowing use of intimidation or threats, or misleading conduct.” Id., at 35. But the Government concedes
that “Congress did not define ‘corruptly’ for purposes of Section 1512.” Id., at 44. And while the Government suggests
that “corruptly” is “ ‘normally associated with wrongful, immoral, depraved, or evil’ conduct,” ibid. (quoting Arthur Andersen LLP v. United States, 

 (2005)), it

——————
  2 The dissent maintains we have “ ‘glosse[d] over the absence of any

prescribed minimum.’ ” Post, at 14 (quoting Yates, 574 U. S., at 569
(KAGAN, J., dissenting)). Congress might have thought (c)(2) prohibited
conduct of varying severity. But it does not follow that it designed (c)(2)
to reach forms of conduct already covered in Chapter 73 with far lower
maximum sentences. It would be improper to substitute for those finegrained statutory distinctions the charging discretion of prosecutors and
the sentencing discretion of district courts.
                  Cite as: 

 (2024)           13

                      Opinion of the Court

never persuasively explains how “knowingly us[ing ] intimidation” or “threat[s]” against someone is not “wrongful.”
§1512(b). The same is true for most other subparts of Section 1512 that the Government identifies as having a lesser
mens rea than (c)(2). Brief for United States 34; see, e.g.,
§1512(a)(1)(A) (criminalizing anyone who “kills or attempts
to kill another person, with intent to” prevent attendance
in an official proceeding); §1512(a)(2)(B)(iv) (criminalizing
anyone who “uses physical force . . . against any person” intending to cause them to be absent from an official proceeding). None of those other provisions has a mens rea the Government may more readily establish than the “corruptly”
mens rea of subsection (c)(2).
   The Government also contends that its interpretation
creates no surplusage because Section 1512’s other “provisions sweep more broadly than an official proceeding.” Tr.
of Oral Arg. 64; Brief for United States 34. To be sure, subsections (a)(2)(C), (b)(3), and (d)(2) criminalize various
means of preventing someone from giving a judge or law
enforcement officer information relating to the commission
or possible commission of a federal offense or a violation of
conditions of supervised release. And subsections (d)(3) and
(4) make it a crime to harass someone and thereby dissuade
them from arresting or prosecuting a person alleged to have
committed a federal offense. None of these crimes requires
an “official proceeding.” But not much if any conduct covered by those provisions would escape the Government’s expansive interpretation of subsection (c)(2). For a person to
have violated (c)(2), “an official proceeding need not be
pending or about to be instituted.” §1512(f )(1). And because interference with an arrest or with communications
to authorities about federal offenses could very well obstruct the initiation of future official proceedings, the Government’s reading of (c)(2) would still often consume violations of (a)(2)(C), (b)(3), and (d)(2), (3), and (4).
14               FISCHER v. UNITED STATES

                      Opinion of the Court

   The dissent tries to solve this surplusage problem by arguing that conduct only violates (c)(2) if it has a “ ‘relationship in time, causation, or logic’ ” with an official proceeding. Post, at 11 (quoting United States v. Aguilar, 

 (1995)). Assuming there is such a requirement, it
would simply mean that the defendant’s actions “must have
the natural and probable effect” of interfering with the proceeding. 

 (internal quotation marks omitted).
Such a bar on prosecutions based on “speculative” theories
of obstruction, 

, would hardly cabin the reach of
(c)(2).
   The dissent points out that our reading creates some surplusage, too. See post, at 12–13. In a wide-ranging scheme
like Chapter 73, it is true that some provisions will inevitably cover some of the same conduct. But “surplusage is
nonetheless disfavored,” and our “construction that creates
substantially less of it is better than a construction that creates substantially more.” 

 (Katsas, J., dissenting).
                              III
  On the Government’s theory, Section 1512(c) consists of
a granular subsection (c)(1) focused on obstructive acts that
impair evidence and an overarching subsection (c)(2) that
reaches all other obstruction. Even setting surplusage
aside, that novel interpretation would criminalize a broad
swath of prosaic conduct, exposing activists and lobbyists
alike to decades in prison. As the Solicitor General
acknowledged at oral argument, under the Government’s
interpretation, a peaceful protester could conceivably be
charged under §1512(c)(2) and face a 20-year sentence. Tr.
of Oral Arg. 51–52. And the Government would likewise
have no apparent obstacle to prosecuting under (c)(2) any
lobbying activity that “influences” an official proceeding
and is undertaken “corruptly.” Those peculiar results “un-
                   Cite as: 

 (2024)                15

                        Opinion of the Court

derscore[ ] the implausibility of the Government’s interpretation.” Van Buren v. United States, 

(2021).
    Our usual approach in obstruction cases has been to “resist reading” particular sub-provisions “to create a coverall”
statute, as the Government would have us do here. Yates,
574 U. S., at 549 (plurality opinion); see also Marinello v.
United States, 

, 6–11 (2018); Arthur Andersen,
544 U. S., at 703–704. And there is no reason to depart
from that practice today. Nothing in the text or statutory
history suggests that subsection (c)(2) is designed to impose
up to 20 years’ imprisonment on essentially all defendants
who commit obstruction of justice in any way and who
might be subject to lesser penalties under more specific obstruction statutes. See, e.g., §§1503(b)(3), 1505. If Congress had wanted to authorize such penalties for any conduct that delays or influences a proceeding in any way, it
would have said so. Instead, Section 1512 mentions “record,” “document,” or other “object” 26 times. See 

(a)(1)(B), (a)(2)(B)(i), (ii), (iii), 1512(b)(2)(A), (B), (C),
1512(c)(1), 1512(f ).
    Rather than transforming this evidence-focused statute
into a one-size-fits-all solution to obstruction of justice, we
cabin our reading of subsection (c)(2) in light of the context
of subsection (c)(1). Doing so affords proper respect to “the
prerogatives of Congress” in carrying out the quintessentially legislative act of defining crimes and setting the penalties for them. Aguilar, 

. We have long
recognized that “the power of punishment is vested in the
legislative, not in the judicial department,” United States v.
Wiltberger, 

 (1820), and we have as a result
“ ‘traditionally exercised restraint in assessing the reach of
a federal criminal statute,’ ” Marinello, 

(quoting Aguilar, 

). The Government’s
reading of Section 1512 would intrude on that deliberate
arrangement of constitutional authority over federal
16               FISCHER v. UNITED STATES

                      Opinion of the Court

crimes, giving prosecutors broad discretion to seek a 20-
year maximum sentence for acts Congress saw fit to punish
only with far shorter terms of imprisonment—for example,
three years for harassment under §1512(d)(1), or ten years
for threatening a juror under §1503.
   For all these reasons, subsection (c)(2)’s “surrounding
words” suggest that we should not give this “otherwise” provision the broadest possible meaning. Yates, 574 U. S., at
536 (plurality opinion). Although the Government’s all-encompassing interpretation may be literally permissible, it
defies the most plausible understanding of why (c)(1) and
(c)(2) are conjoined, and it renders an unnerving amount of
statutory text mere surplusage. Given that subsection
(c)(2) was enacted to address the Enron disaster, not some
further flung set of dangers, it is unlikely that Congress responded with such an unfocused and “grossly incommensurate patch.” 

 (Katsas, J., dissenting). We
therefore decline to adopt the Government’s interpretation,
which is inconsistent with “the context from which the statute arose.” Bond v. United States, 

 (2014).
                         …
  To prove a violation of Section 1512(c)(2), the Government must establish that the defendant impaired the availability or integrity for use in an official proceeding of records, documents, objects, or as we earlier explained, other
things used in the proceeding, or attempted to do so. See
supra, at 9. The judgment of the D. C. Circuit is therefore
vacated, and the case is remanded for further proceedings
consistent with this opinion. On remand, the D. C. Circuit
may assess the sufficiency of Count Three of Fischer’s indictment in light of our interpretation of Section 1512(c)(2).

                                             It is so ordered.
                  Cite as: 

 (2024)            1

                     JACKSON, J., concurring

SUPREME COURT OF THE UNITED STATES
                          _________________

                          No. 23–5572
                          _________________


         JOSEPH W. FISCHER, PETITIONER v.
                 UNITED STATES
 ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
    APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
                         [June 28, 2024]

   JUSTICE JACKSON, concurring.
   On January 6, 2021, an angry mob stormed the United
States Capitol seeking to prevent Congress from fulfilling
its constitutional duty to certify the electoral votes in the
2020 Presidential election. See ante, at 1–2. The peaceful
transfer of power is a fundamental democratic norm, and
those who attempted to disrupt it in this way inflicted a
deep wound on this Nation. But today’s case is not about
the immorality of those acts. Instead, the question before
this Court is far narrower: What is the scope of the particular crime Congress has outlined in 

(c)(2)?
   In the United States of America, “men are not subjected
to criminal punishment because their conduct offends our
patriotic emotions or thwarts a general purpose sought to
be effected by specific commands which they have not disobeyed. Nor are they to be held guilty of offenses which the
statutes have omitted, though by inadvertence, to define
and condemn.” Viereck v. United States, 

(1943). Our commitment to equal justice and the rule of law
requires the courts to faithfully apply criminal laws as written, even in periods of national crisis, see, e.g., Cramer v.
United States, 

, 46–48 (1945), and even when the
conduct alleged is indisputably abhorrent, cf. Michaels v.
Davis, 

, ___ (2024) (JACKSON, J., dissenting
from denial of certiorari) (slip op., at 3).
2                FISCHER v. UNITED STATES

                     JACKSON, J., concurring

   Notwithstanding the shocking circumstances involved in
this case or the Government’s determination that they warrant prosecution, today, this Court’s task is to determine
what conduct is proscribed by the criminal statute that has
been invoked as the basis for the obstruction charge at issue
here. I join in the Court’s opinion because I agree with the
majority that §1512(c)(2) does not reach “ ‘all forms of obstructive conduct’ ” and is, instead, “limited by the preceding list of criminal violations” in §1512(c)(1). Ante, at 7–8.
I write separately to explain why and how that interpretation of §1512(c) follows from the legislative purpose that
this statute’s text embodies.
                               I
   Our goal in interpreting any statute should be “to give
effect to the intent of Congress.” United States v. American
Trucking Assns., Inc., 

 (1940). There is
no question that intent is generally expressed through the
text of a statute. See American Tobacco Co. v. Patterson,

 (1982). “[H]ewing closely to Congress’s
will” as embodied in the statute that it wrote “is especially
important” when construing laws like this one, which implicate the possible imposition of punitive sanctions. Pugin
v. Garland, 

 (2023) (JACKSON, J., concurring).
   Here, the majority rightly interprets the scope of
§1512(c)(2) by “look[ing] for guidance from” the statutory
“examples [that] come before” it—those listed in
§1512(c)(1). Ante, at 5. In my view, the examples that Congress opts to include in the text of a statute evince its intentions concerning what the rule covers and thereby help express a particular legislative purpose.
   The majority’s football-based example is illustrative. In
a football league, says the majority, “a rule that players
must not ‘grab, twist, or pull a facemask, helmet, or other
equipment with the intent to injure a player, or otherwise
                     Cite as: 

 (2024)                    3

                        JACKSON, J., concurring

attack, assault, or harm any player,’ ” should not be interpreted as being directed at hurt feelings, because the listed
“prohibited actions all concern dangerous physical conduct
that might inflict bodily harm; trash talk is simply not of
that kind.” Ante, at 6. I agree. I would add that it is likewise clear from the listed prohibited acts that such a rule is
also not addressing far more serious and unexpected conduct than the kinds of acts that the preceding examples describe, which can result in serious and foreseeable physical
injuries during a rough-and-tumble football game. By contrast, if a player were to shoot or poison another player, the
rule’s drafters would expect the police to be called, not a
referee. Thus, we conclude that the rule is best understood
to be inapposite with respect to conduct at both extremes of
the universe of harmful acts in which a player might conceivably engage.
   We recognize this intuitive fact—that there is a certain
category of conduct the rule is designed to prohibit—because we recognize, albeit implicitly, that the drafters of
this rule have included these particular examples for a reason. We understand that, given the preceding list of examples, this rule was adopted with a clear intent concerning
its scope. So, though a broad conception of “harm” is “literally covered by the language” of the rule, ibid., we appreciate that the rule’s drafters did not intend for that term to
take on its most expansive meaning. Instead, the examples
help illuminate what the drafters actually intended the rule
to cover. From the preceding list, we can confidently discern that the drafters meant to proscribe only conduct that
risks injuries with severity akin to facemask pulling, not
trash talk or murder.1
——————
  1 The majority invokes the canons of noscitur a sociis and ejusdem gen-

eris to support this inference. See ante, at 5. Those canons are useful
interpretive tools, but in my view, they are ultimately only devices used
in furtherance of achieving our goal of determining “the intent of Congress.” United States v. American Trucking Assns., Inc., 

,
4                    FISCHER v. UNITED STATES

                         JACKSON, J., concurring

   The upshot is that, when interpreting the scope of a particular statute or rule, our assessment of the words that the
drafters used informs our understanding of what the rule
was designed to do.2 Discerning the rule’s purpose is critical when a court is called upon to interpret the provision.
                                II
   Turning to the statutory provision at issue here, the purpose of §1512(c), reflected in its text, is clear. Subsection
(c)(1) is indisputably focused on persons who engage in a
particular kind of obstructive conduct: Anyone who “corruptly . . . alters, destroys, mutilates, or conceals a record,
document, or other object, . . . with the intent to impair the
object’s integrity or availability for use in an official proceeding.” Subsection (c)(2), in turn, is directed at criminal
conduct that “otherwise” achieves a similar result. I therefore agree with the majority that §1512(c)(2)’s reach is narrower than the Government contends. As the majority
holds, §1512(c)(2) “makes it a crime to impair the availability or integrity of records, documents, or objects used in an
official proceeding in ways other than those specified in
(c)(1)” and to “impai[r] the availability or integrity of other
things used in an official proceeding beyond the ‘record[s],
document[s], or other object[s]’ enumerated in (c)(1).”
——————
542 (1940). “There is no invariable rule for the discovery of that intention.” Ibid. As one treatise explains, such canons are “not . . . rule[s] of
law” but rather “one of various factors to be considered.” A. Scalia & B.
Garner, Reading Law: The Interpretation of Legal Texts 212 (2012); see
also id., at 196–198. We apply these canons because we understand that
their principles are consistent with how users of language—including
legislators—convey meaning. See id., at 212 (“Any lawyer or legislative
drafter who writes two or more specifics followed by a general residual
term without the intention that the residual term be limited may be
guilty of malpractice”). As such, they are valid indicia of Congress’s purpose.
   2 Other indicia of the drafters’ intent, such as the rule’s context or en-

actment history, can further inform our understanding of the rule. See
infra, at 5–8.
                 Cite as: 

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                    JACKSON, J., concurring

Ante, at 8–9.
   This understanding of §1512(c)’s text and purpose is entirely consistent with the statute’s enactment history. Congress enacted §1512(c) as part of the Sarbanes-Oxley Act,
which “was prompted by the exposure of Enron’s massive
accounting fraud and revelations that the company’s outside auditor, Arthur Andersen LLP, had systematically destroyed potentially incriminating documents.” Yates v.
United States, 

, 535–536 (2015) (plurality
opinion). When introducing what later became §1512(c) on
the Senate floor, Senator Lott emphasized that its principal
purpose was to target document destruction, which was, at
the time, prohibited “only if . . . a subpoena ha[d] been issued for the evidence that ha[d] been destroyed or altered.”
148 Cong. Rec. S6545 (July 10, 2002). “[T]his section,” he
explained, “would allow the Government to charge obstruction against individuals who acted alone, even if the tampering took place prior to the issuance of a grand jury subpoena.” Ibid. Similarly, the Senate Report accompanying
the proposed statute noted that “current federal obstruction
of justice statutes relating to document destruction [were]
riddled with loopholes and burdensome proof requirements.” S. Rep. No. 107–146, p. 6 (2002). According to the
Senate Report, §1512(c) was drafted to fill these gaps:
“When a person destroys evidence with the intent of obstructing any type of investigation and the matter is within
the jurisdiction of a federal agency, overly technical legal
distinctions should neither hinder nor prevent prosecution
and punishment.” Id., at 7.
   Conversely, there is no indication whatsoever that Congress intended to create a sweeping, all-purpose obstruction
statute. As the majority notes, “[f]ederal obstruction law
consists of numerous provisions that target specific criminal acts and settings.” Ante, at 10. Outside of the Government’s proposed interpretation of §1512(c), Congress has
never enacted “a one-size-fits-all solution to obstruction of
6                    FISCHER v. UNITED STATES

                         JACKSON, J., concurring

justice.” Ante, at 15.3 Meanwhile, many States have done
just that. See J. Decker, The Varying Parameters of Obstruction of Justice in American Criminal Law, 

, 77, and n. 236 (2004) (collecting statutes).4 The
drafters of the Model Penal Code, too, proposed such a general obstruction crime. See ALI, Model Penal Code §242.1,
p. 201 (1980) (“A person commits a misdemeanor if he purposely obstructs, impairs or perverts the administration of
law or other governmental function by force, violence, physical interference or obstacle, breach of official duty, or any
other unlawful act”).
   Given that Congress has never before passed a similarly
broad obstruction law when others have long existed, it is
highly unlikely that Congress intended for subsection (c)(2)
to establish a first-of-its-kind general federal obstruction
crime. Nothing in the enactment history of §1512(c) suggests that Congress believed that it was creating an all-encompassing statute that would obviate the need for any
other obstruction prohibitions.
   This conclusion is further reinforced by the fact that, unlike §1512(c)(2), nearly all of the broad, all-purpose obstruction statutes that various States have enacted are classified
as misdemeanors. See, e.g., Colo. Rev. Stat. §18–8–102(3)
(2023); Ohio Rev. Code Ann. 2921.31(B) (Lexis 2024). As a
——————
  3 That is not to say, of course, that Congress could not enact such a

statute if it so chose. “We have traditionally exercised restraint in assessing the reach of a federal criminal statute . . . out of deference to the
prerogatives of Congress,” United States v. Aguilar, 

(1995), not because broad criminal proscriptions are beyond the scope of
Congress’s power.
  4 See also, e.g., Colo. Rev. Stat. §18–8–102(1) (2023) (“A person commits

obstructing government operations if he intentionally obstructs, impairs,
or hinders the performance of a governmental function by a public servant, by using or threatening to use violence, force, or physical interference or obstacle”); 

(A) (Lexis 2024) (“No
person . . . shall do any act that hampers or impedes a public official in
the performance of the public official’s lawful duties”).
                  Cite as: 

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                     JACKSON, J., concurring

result, these types of obstruction crimes are generally punishable by up to a year of incarceration. See 1 W. LaFave,
J. Israel, N. King, & O. Kerr, Criminal Procedure §1.8(c),
pp. 557–558 (4th ed. 2015). That is so for a reason: As the
Model Penal Code’s drafters explained, “the existence of a
residual misdemeanor offense” allows for the “appropriately narrow definition of the serious forms of obstruction
carrying felony penalties.” §242.1, Comment 2, at 203. “A
broad residual offense . . . provides a hedge against the ingenuity of offenders,” since “[n]ot all forms of obstruction
can be anticipated and precisely proscribed in specific offenses.” Ibid. But, at the same time, that kind of broad
criminal statute “must incorporate certain limitations lest
it nullify policy decisions expressed elsewhere.” Ibid. In
other words, these broad misdemeanor obstruction statutes
are “amalgam[s] of generality and constraint.” Ibid.
   The Government’s interpretation of §1512(c)(2), by contrast, exhibits all the generality of these catchall misdemeanor obstruction provisions while displaying none of
their restraint. Section 1512(c)(2) is a felony, and it imposes a 20-year maximum sentence—one of the more severe
potential punishments in Chapter 73 of the U. S. Code.
That stands in contrast with Congress’s specification that
other serious obstructive acts warrant “far shorter terms of
imprisonment—for example, three years for harassment
under §1512(d)(1), or ten years for threatening a juror under §1503.” Ante, at 16.
   Finally, it is worth remembering the statutory context in
which Congress chose to prohibit the obstruction-related
conduct we are considering today. The statute Congress
wrote addresses this matter in a 13-word phrase, enumerated “2,” that is located within subsection (c) of a much
broader §1512, which itself consists of “a reticulated list of
nearly two dozen means of committing obstruction.” Ante,
at 11. However we might interpret Congress’s drafting
choices in other contexts, we should be wary of finding that
8                FISCHER v. UNITED STATES

                     JACKSON, J., concurring

a statute addresses significant criminal conduct when none
of the available indicia of congressional intent, including
the prohibition’s placement, suggest that Congress intended that result. Here, it beggars belief that Congress
would have inserted a breathtakingly broad, first-of-its-kind criminal obstruction statute (accompanied by a substantial 20-year maximum penalty) in the midst of a significantly more granular series of obstruction prohibitions
without clarifying its intent to do so—not in the text of the
provision itself, nor in the surrounding statutory context,
nor in any statement issued during the enactment process.
                          …
   In my view, the Court properly interprets §1512(c)(2) in
the opinion it issues today. It also rightly vacates the judgment below and remands this case for further proceedings.
Joseph Fischer was charged with violating §1512(c)(2) by
corruptly obstructing “a proceeding before Congress, specifically, Congress’s certification of the Electoral College vote.”
App. 183. That official proceeding plainly used certain records, documents, or objects—including, among others, those
relating to the electoral votes themselves. See Tr. of Oral
Arg. 65–67. And it might well be that Fischer’s conduct, as
alleged here, involved the impairment (or the attempted
impairment) of the availability or integrity of things used
during the January 6 proceeding “in ways other than those
specified in (c)(1).” Ante, at 8. If so, then Fischer’s prosecution under §1512(c)(2) can, and should, proceed. That issue
remains available for the lower courts to determine on remand.
                  Cite as: 

 (2024)             1

                     BARRETT, J., dissenting

SUPREME COURT OF THE UNITED STATES
                          _________________

                          No. 23–5572
                          _________________


         JOSEPH W. FISCHER, PETITIONER v.
                 UNITED STATES
 ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF
    APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT
                         [June 28, 2024]

   JUSTICE BARRETT, with whom JUSTICE SOTOMAYOR and
JUSTICE KAGAN join, dissenting.
   Joseph Fischer allegedly joined a mob of rioters that
breached the Capitol on January 6, 2021. At the time, Congress was meeting in a joint session to certify the Electoral
College results. The riot forced Congress to suspend the
proceeding, delaying it for several hours.
   The Court does not dispute that Congress’s joint session
qualifies as an “official proceeding”; that rioters delayed the
proceeding; or even that Fischer’s alleged conduct (which
includes trespassing and a physical confrontation with law
enforcement) was part of a successful effort to forcibly halt
the certification of the election results. Given these premises, the case that Fischer can be tried for “obstructing, influencing, or impeding an official proceeding” seems open
and shut. So why does the Court hold otherwise?
   Because it simply cannot believe that Congress meant
what it said. Section 1512(c)(2) is a very broad provision,
and admittedly, events like January 6th were not its target.
(Who could blame Congress for that failure of imagination?)
But statutes often go further than the problem that inspired them, and under the rules of statutory interpretation, we stick to the text anyway. The Court, abandoning
that approach, does textual backflips to find some way—
2                    FISCHER v. UNITED STATES

                          BARRETT, J., dissenting

any way—to narrow the reach of subsection (c)(2). I respectfully dissent.
                                I
  The case for the Government’s interpretation is straightforward. It can be accomplished in three paragraphs, as
compared to the Court’s many, many more. Ante, at 4–12.
  Start with the verbs: To “obstruct” and to “impede” mean
to “hinder” or “retard” something’s “passage” or “progress.”
10 Oxford English Dictionary 668 (2d ed. 1989); 7 

. We have previously explained that these words are
“broad.” Marinello v. United States, 

 (2018).
To “influence” is similarly expansive, meaning “[t]o affect
the condition of ” or “to have an effect on” something. 7 Oxford English Dictionary, at 940. The object of these verbs is
an “official proceeding,” defined to include “a proceeding before the Congress.” 

(a)(1)(B).1 So (c)(2)
covers all sorts of actions that affect or interfere with official
proceedings.
  “[O]therwise,” which introduces 

(c)(2),
does not narrow its scope. “Otherwise” means “in a different manner,” “by other means,” or “in other respects.” 10
Oxford English Dictionary, at 984; Webster’s Third New International Dictionary 1598 (2002). It is often used to introduce a “catchall phras[e].” Texas Dept. of Housing and
Community Affairs v. Inclusive Communities Project, 

, 535 (2015). Here, “otherwise” tells the reader
how (c)(1) and (c)(2) fit together. Subsection (c)(1) prohibits
“alter[ing], destroy[ing], mutilat[ing], or conceal[ing] a record, document, or other object” with “intent to impair [its]
integrity or availability for use in an official proceeding.” In
other words, (c)(1) targets document and object spoliation—

——————
  1 The D. C. Circuit held, and this Court does not dispute, that Con-

gress’s joint session on January 6, 2021, qualifies as an “ ‘official proceeding.’ ” 

 (2023).
                  Cite as: 

 (2024)             3

                     BARRETT, J., dissenting

classic means of obstruction. Subsection (c)(2) then prohibits obstructing, influencing, or impeding an official proceeding by means different from those specified in (c)(1), thereby
serving as a catchall. The “enumerated” crimes in (c)(1) and
the “unenumerated crimes” in (c)(2) are similar “on one specific dimension”: “the particular similarity specified after
the ‘otherwise.’ ” Begay v. United States, 

,
150–151 (2008) (Scalia, J., concurring in judgment). Here,
that means that each crime represents one means through
which to obstruct, influence, or impede an official proceeding.
   Joseph Fischer allegedly participated in a riot at the Capitol that forced the delay of Congress’s joint session on January 6th. Blocking an official proceeding from moving forward surely qualifies as obstructing or impeding the
proceeding by means other than document destruction.
Fischer’s alleged conduct thus falls within (c)(2)’s scope.
                               II
                               A
   Opting for a narrower approach, the Court declines to
take (c)(2) on its own terms. Instead, it borrows the evidentiary focus of (c)(1) to hold that a defendant violates (c)(2)
only by “impair[ing] the availability or integrity for use in
an official proceeding of records, documents, objects, or . . .
other things used in the proceeding.” Ante, at 16. Other
means of obstructing a proceeding—say, by shutting it
down—are out.
   This interpretation might sound faithful to the statute,
because the limit comes from a related provision rather
than thin air. But snipping words from one subsection and
grafting them onto another violates our normal interpretive
principles. “ ‘[W]e ordinarily resist reading words or elements into a statute that do not appear on its face.’ ” Dean
v. United States, 

 (2009) (quoting Bates v.
4                FISCHER v. UNITED STATES

                     BARRETT, J., dissenting

United States, 

 (1997)). And “ ‘[w]here Congress includes particular language in one section of a statute but omits it in another section of the same Act,’ ” we
generally presume that Congress did so intentionally. Russello v. United States, 

 (1983) (quoting
United States v. Wong Kim Bo, 

 (CA5
1972) (per curiam)). The Court’s reasons for departing from
these rules are thin.
                              1
   The Court begins with the noscitur a sociis and ejusdem
generis canons. Ante, at 5. The noscitur canon counsels
that “words grouped in a list should be given related meanings.” A. Scalia & B. Garner, Reading Law §31, p. 195
(2012) (internal quotation marks omitted). It is particularly useful when interpreting “ ‘a word [that] is capable of
many meanings.’ ” McDonnell v. United States, 

 (2016) (quoting Jarecki v. G. D. Searle & Co., 

 (1961)). See, e.g., Gustafson v. Alloyd Co.,

, 573–575 (1995) (employing the canon to interpret “communication” in the statutory list “ ‘prospectus,
notice, circular, advertisement, letter, or communication’ ”).
The ejusdem canon applies when “a catchall phrase” follows
“an enumeration of specifics, as in dogs, cats, horses, cattle,
and other animals.” Scalia & Garner §32, at 199. We often
interpret the catchall phrase to “embrace only objects similar in nature to those objects enumerated by the preceding
specific words.” Circuit City Stores, Inc. v. Adams, 

 (2001). See, e.g., Washington State Dept. of Social
and Health Servs. v. Guardianship Estate of Keffeler, 

 (2003) (employing the canon to construe
the general term in the statutory list “ ‘execution, levy, attachment, garnishment, or other legal process’ ”).
   These canons are valuable tools. But applying either to
(c)(2) is like using a hammer to pound in a screw—it looks
like it might work, but using it botches the job. Unlike the
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                     BARRETT, J., dissenting

pattern to which the noscitur canon applies, §1512(c) is not
a list of terms that includes an ambiguous word. So the
Court does not do what it does when applying noscitur: select between multiple accepted meanings of the words “obstructs,” “influences,” and “impedes.” Instead, it modifies
those words by adding an adverbial phrase: obstructs, influences or impedes by “impair[ing] the availability or integrity for use in an official proceeding of records, documents, or objects.” Ante, at 16 (emphasis added). The
ejusdem canon is an equally poor fit. Unlike the pattern to
which ejusdem applies, (c)(2) is “not a general or collective
term following a list of specific items to which a particular
statutory command is applicable.” United States v. Aguilar,

 (1995) (Scalia, J., concurring in part and
dissenting in part). Instead, (c)(1) and (c)(2) are “distinct
and independent prohibitions.” 

 Though they share a
subject and an adverb—“[w]hoever corruptly”—the two
clauses contain different verbs that take different objects.
§1512(c). Moreover, (c)(1) has a separate mens rea provision that further disrupts the connection between the
clauses.
   To my knowledge, we have never applied either of these
canons to a statute resembling §1512(c). Rather than identify such a case, the Court invents examples of a sign at the
zoo and a football league rule. Ante, at 5–6. The zoo example (“do not pet, feed, yell or throw objects at the animals,
or otherwise disturb them”) does not help, because it mimics the typical ejusdem format of specific words followed by
a catchall. The list of specific verbs makes clear that the
cleanup phrase (“otherwise disturb”) is limited to conduct
that involves direct interaction with the animals. But in
the absence of a laundry list followed by a catchall, it is hard
to see why the ejusdem canon fits. Ali v. Federal Bureau of
Prisons, 

 (2008) (“The absence of a list of
specific items undercuts the inference embodied in ejusdem
6                FISCHER v. UNITED STATES

                    BARRETT, J., dissenting

generis that Congress remained focused on the common attribute when it used the catchall phrase”). And §1512(c)
does not follow the laundry-list-plus-catchall pattern.
   The Court’s football example is only slightly better. As a
refresher:
    “[A] football league might adopt a rule that players
    must not ‘grab, twist, or pull a facemask, helmet, or
    other equipment with the intent to injure a player, or
    otherwise attack, assault, or harm any player.’ If a
    linebacker shouts insults at the quarterback and hurts
    his feelings, has the linebacker nonetheless followed
    the rule? Of course he has. The examples of prohibited
    actions all concern dangerous physical conduct that
    might inflict bodily harm; trash talk is simply not of
    that kind.” Ante, at 6.
Put aside that it is hard to imagine anyone describing
“trash talk” as inflicting an “injury” or “harming” a player
in a football game. The league rule plainly forecloses the
possibility. Consistent with the noscitur canon, “harm”
takes its meaning from its companions “attack” and “assault.” And while the Court tries to track §1512(c)’s structure by adding an extra intent clause, the two clauses in its
example are still tightly focused on actions directed at the
player. (After all, who is wearing the facemask, helmet, or
other equipment?) Given that shared theme, it is easy to
understand that the first clause’s focus on physical conduct
limits the (only slightly) more general clause.          But
§1512(c)’s subsections are not so closely related—(c)(1) focuses specifically on objects in a proceeding, and (c)(2)
broadens the lens to the proceeding itself.
  Consider a rule that actually mirrors §1512(c):
    “Any player who:
      “(1) punches, chokes, or kicks an opposing player
    with the intent to remove him from the game; or
      “(2) otherwise interrupts, hinders, or interferes with
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                    BARRETT, J., dissenting

    the game,
    “shall be suspended.”
While the specific verbs in the first clause involve actions
directed at an opposing player, the second clause is a separate prohibition with an entirely different object. Imagine
that, just before the opposing team’s kicker attempts a field
goal, players leave the sidelines and storm the field, some
tackling referees in the process. Those players have surely
“interrupt[ed], hinder[ed], or interfer[ed] with the game,”
even though they have not physically injured any opponent.
This hypothetical, not the Court’s, is analogous to
§1512(c)—and it supports the Government’s interpretation.
                               2
   The Court next recruits help from Begay, which interprets an “otherwise” clause in the Armed Career Criminal
Act. Ante, at 6; 553 U. S., at 140. The ACCA defines a “violent felony” as a felony that “is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical
injury.” 

(e)(2)(B)(ii). Begay holds that the
example crimes limit the catchall clause to “crimes that are
roughly similar . . . to the examples themselves.” 553 U. S.,
at 143. So too here, the Court reasons, the list of crimes in
(c)(1) limits the “otherwise” clause in (c)(2).
   But §1512(c) is structured differently than the statute in
Begay. While §1512(c) contains two distinct criminal prohibitions—(c)(1) and (c)(2)—the statutory definition in Begay contained a list of examples followed immediately by a
residual clause. The latter structure more readily supports
interpreting the general clause in light of the specifics,
much like a statute to which the ejusdem canon would apply. Moreover, the residual clause at issue in Begay called
out for a limiting principle—what is a “serious potential
risk of physical injury?” The breadth itself was a cue that
8                FISCHER v. UNITED STATES

                     BARRETT, J., dissenting

the interpreter should read back to find some limit. See id.,
at 142–143. Subsection (c)(2)’s “otherwise” clause, by contrast, stands on its own.
  Postscript: Seven years after Begay was decided, we held
ACCA’s residual clause void for vagueness. Johnson v.
United States, 

 (2015). So the clause is
not only distinguishable, but also a poor model for statutory
interpretation.
                               3
   The Court argues that “there would have been scant reason for Congress to provide any specific examples” in (c)(1)
if (c)(2) covered all forms of obstructive conduct. Ante, at 8.
Conduct like destroying and concealing records “obstructs,
influences, or impedes a[n] official proceeding,” so Congress
could have enacted just (c)(2) and been done with it. On the
Government’s interpretation, the Court asserts, the second
prohibition swallows the first. If (c)(1) has any function, it
must be to cast light (and impose limits) on (c)(2).
   What the Court does not say is that its rewrite also eliminates the need for (c)(1)’s examples. The Court’s interpretation assumes that Congress used a convoluted, two-step
approach to enact a prohibition on “impair[ing] the integrity or availability of records, documents, or other objects
for use in an official proceeding.” So why didn’t Congress
just say that? And if the Court is right about what (c)(2)
means, why do we need the specific examples in (c)(1)?
Those acts are already covered. The problem of (c)(2) subsuming (c)(1) is therefore not unique to my theory.
   It bears emphasis, though, that the broad overlap makes
sense, given the statute’s backstory. When the Enron scandal occurred, Congress (along with the general public) was
taken aback to discover that seemingly criminal conduct
was actually not a federal crime. As it then existed, §1512
had a loophole: It imposed liability on those who persuaded
others to destroy documents, but not on the people who
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                     BARRETT, J., dissenting

themselves destroyed documents. Ante, at 9–10. Congress
enacted §1512(c) to close this “Enron gap.” Subsection (c)(1)
deals with the particular problem at hand—document destruction. Subsection (c)(2) reflects Congress’s desire to
avoid future surprises: It is “a catchall for matters not specifically contemplated—known unknowns.” Republic of
Iraq v. Beaty, 

 (2009).
   So contrary to the Court’s suggestion, it would not be “peculiar” for (c)(2) to cover conduct “far beyond the document
shredding and similar scenarios that prompted the legislation in the first place.” Ante, at 10. Enron exposed more
than the need to prohibit evidence spoliation—it also exposed the need to close statutory gaps. And in any event,
statutes often reach beyond the “principal evil” that animated them. Oncale v. Sundowner Offshore Services, Inc.,

 (1998). That is not grounds for narrowing
them, because “it is ultimately the provisions of our laws
rather than the principal concerns of our legislators by
which we are governed.” 

                               4
   While the Court insists that (c)(1) limits (c)(2), it cannot
seem to settle on the “common attribute” in the first subsection that cabins the second. See Ali, 

. On
one hand, the Court says that “(c)(2) makes it a crime to
impair the availability or integrity of records, documents, or
objects used in an official proceeding.” Ante, at 8 (emphasis
added). This “physical evidence” limitation tracks the District Court’s interpretation. See United States v. Miller, 

, 78 (DC 2022). On the other hand, the Court
says that (c)(2) prohibits “impairing the availability or integrity of other things used in an official proceeding,” such
as “witness testimony” or “intangible information.” Ante, at
9. This broader “evidence impairment” theory resembles
Judge Katsas’s interpretation. 

 (CADC
2023) (dissenting opinion).
10                  FISCHER v. UNITED STATES

                        BARRETT, J., dissenting

   Both formulations are problematic—and not only because
both are atextual. The first, focused solely on physical
items, would leave (c)(2) with almost no work to do. Subsection (c)(1) already prohibits “alter[ing], destroy[ing], mutilat[ing], or conceal[ing]” documents, records, or objects.
This essentially covers the waterfront of acts that impair
the integrity or availability of objects. True, (c)(2) could also
encompass “cover[ing] up, falsif[ying], or mak[ing] a false
entry in” a record or document. See 

. But
it seems “unlikely” that Congress used the “expansive” language of (c)(2) “to address such narrow concerns.” 

. The somewhat amorphous “other things” limitation
has the benefit of giving (c)(2) a wider berth, but it is unclear how the Court landed on it. The term does not appear
in (c)(1) or in §1512’s surrounding subsections, which refer
specifically to records, documents, objects, and testimony.
The “other things” formulation comes from the Court, not
Congress.
   The Court’s uncertainty about the relevant “common attribute” is a tell that Congress did not intend to define (c)(2)
by reference to (c)(1). Indeed, “[h]ad Congress intended to
limit [§1512(c)(2)]’s reach” as the Court asserts, it “easily
could have written” the catchall to say “otherwise impair
the integrity or availability of records, documents, objects,
or other things for use in an official proceeding.” Ali, 

; see ante, at 8–9.2 It did not, and we should
not pretend that it did.
                               B
     The Court relies on statutory context to “confir[m] that

——————
  2 Indeed, Congress could have looked to 

 as a model.

That statute makes it a crime to “willfully withhol[d], misrepresen[t],
remov[e] from any place, concea[l], cove[r] up, destro[y], mutilat[e],
alte[r], or by other means falsif[y] any documentary material, answers to
written interrogatories, or oral testimony” with the intent to obstruct
“any civil investigative demand.” §1505 (emphasis added).
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                     BARRETT, J., dissenting

(c)(2) is limited by the scope of (c)(1).” Ante, at 10. As the
Court sees it, interpreting (c)(2) according to its plain text
would render other obstruction provisions, within §1512
and throughout Chapter 73, superfluous. Ante, at 10–12.
   The Court exaggerates. Subsection (c)(2) applies only to
conduct that obstructs an “official proceeding.” The Court
highlights several provisions that cover obstruction of investigations. See, e.g., 

(a), 1511(a), 1516,
1517, 1518, 1519. The circuits have held that criminal investigations do not qualify as “official proceedings.” See,
e.g., United States v. Ermoian, 

 (CA9
2013); United States v. Ramos, 

 (CA5
2008). Likewise, not every provision in §1512 relates to an
official proceeding; instead, several target the obstruction
of communications to judges and law enforcement about the
commission of federal offenses. 

(a)(1)(C),
(a)(2)(C), (b)(3), (d)(1)(2).
   The Court responds by stressing that for purposes of
§1512, “an official proceeding need not be pending or about
to be instituted.” §1512(f )(1); ante, at 13. Because obstruction of investigations or communications could end up obstructing the initiation of a future official proceeding, the
Court reasons that (c)(2) may still swallow those other provisions. But we have previously construed federal obstruction offenses similar to §1512(c) to require a tighter link between the obstructive conduct and the relevant proceeding.
Under the “nexus” requirement, the defendant’s conduct
must have a “relationship in time, causation, or logic” with
the proceeding. Aguilar, 

 (adopting nexus
requirement for §1503’s omnibus clause). And the defendant must act in “contemplation” of a “particular official proceeding.” Arthur Andersen LLP v. United States, 

 (2005) (adopting nexus requirement for
§1512(b)(2)). The circuits have unanimously applied this
requirement to §1512(c). See United States v. Young, 

 (CA4 2019) (collecting cases). This element
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                     BARRETT, J., dissenting

eliminates much of the overlap that the Court perceives between (c)(2) and the provisions that do not require an “official proceeding.”
   Moreover, §§1512(a)(1)(A) and (d)(1) prohibit preventing
the mere attendance of any person in an official proceeding.
Preventing attendance will not always have the effect of obstructing, influencing, or impeding the proceeding. And
§1512(d)(1) makes it a crime to intentionally harass someone and thereby dissuade her from testifying in an official
proceeding. In contrast to (c)(2), this provision—which carries a significantly lower maximum penalty—does not require a defendant to act “corruptly.”
   This is not to deny that (c)(2)—if allowed its broad, ordinary meaning—overlaps with several offenses in Chapter
73. See ante, at 10–11. Even so, (c)(2) still leaves a healthy
amount of work for other obstruction offenses. And besides,
“substantial” overlap “is not uncommon in criminal statutes.” Loughrin v. United States, 

, 358, n. 4
(2014); see also Hubbard v. United States, 

 (1995) (opinion of Stevens, J.). “The mere fact
that two federal criminal statutes criminalize similar conduct says little about the scope of either.” Pasquantino v.
United States, 

 (2005). That is especially true here, because Congress enacted (c)(2) after it had
already enacted other subsections of §1512, as well as obstruction offenses like §§1503 and 1505. The redundancy
argument would have more force if (c)(2) “render[ed] superfluous an entire provision passed in proximity as part of the
same Act.” Yates v. United States, 

, 543 (2015)
(plurality opinion) (emphasis added). As it stands, the
canon against surplusage does not provide any reason to artificially narrow (c)(2)’s scope.
   In any event, the Court’s formulation does not begin to
cure the statutory overlap. Killing a person with the intent
to prevent the production of a record in an official proceeding constitutes conduct that impairs the availability of a
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                     BARRETT, J., dissenting

record for an official proceeding. 

(a)(1)(B).
Using physical force against a person to influence testimony in an official proceeding counts as impairing the integrity of “other things” used in an official proceeding.
§1512(a)(2)(A). And impairing the availability or integrity
of documents for use in an official proceeding will often “influenc[e], obstruc[t], or imped[e] . . . the due administration
of justice.” §1503(a); see also §1515(a)(1)(A) (“ ‘official proceeding’ ” includes “a proceeding before a judge or court of
the United States”). Examples abound. See, e.g., §§1505,
1512(a)(1)(A), (a)(2)(B), (b)(1), (b)(2), (d)(1). “[T]he canon
against surplusage merely favors that interpretation which
avoids surplusage”—and on that score, the Court’s interpretation fares no better than mine. Freeman v. Quicken
Loans, Inc., 

 (2012).
   In fact, the broader statutory context works against the
Court’s interpretation. Congress did not select the verbs
“obstruct,” “influence,” and “impede” at random. Those
words were already in §1503, which prohibits “corruptly or
by threats or force, or by any threatening letter or communication, influenc[ing], obstruct[ing], or imped[ing] . . . the
due administration of justice.” We have described this
“ ‘Omnibus Clause’ ” as a “catchall,” because it follows several specific proscriptions against coercive behavior toward
jurors and court officers. Aguilar, 

. Courts
have routinely declined to “rea[d] the omnibus clause” as
limited to “acts similar in manner to those prescribed by the
statute’s specific language.” United States v. Howard, 

 (CA5 1978) (collecting cases). And
Justice Scalia agreed that ejusdem generis did not apply to
limit the Omnibus Clause, “one of the several distinct and
independent prohibitions contained in §1503 that share
only the word ‘Whoever,’ which begins the statute, and the
penalty provision which ends it.” Aguilar, 

(opinion concurring in part and dissenting in part). Section
1512(c) follows the very same pattern.
14               FISCHER v. UNITED STATES

                     BARRETT, J., dissenting

                                C
   The Court concludes with an appeal to consequences:
Construing (c)(2) broadly would “expos[e] activists and lobbyists alike to decades in prison.” Ante, at 14. This fear is
overstated.
   To begin with, the Court ignores that (c)(2) requires proof
that a defendant acted “corruptly.” The meaning of this
term is unsettled, but all of its possible definitions limit the
scope of liability. On one proposed interpretation, a defendant acts corruptly by “ ‘us[ing] unlawful means, or act[ing]
with an unlawful purpose, or both.’ ” United States v. Robertson, 

, 8 (CADC 2023) (approving jury instructions for (c)(2)). On another, a defendant acts “corruptly” if
he “act[s] ‘with an intent to procure an unlawful benefit either for himself or for some other person.’ ” 

(Walker, J., concurring in part and concurring in judgment)
(quoting Marinello, 

; alterations omitted).
Under either, the “corruptly” element should screen out innocent activists and lobbyists who engage in lawful activity.
And if not, those defendants can bring as-applied First
Amendment challenges.
   The Court also emphasizes (c)(2)’s 20-year maximum
penalty. Ante, at 14–15. But it simultaneously “glosses
over the absence of any prescribed minimum.” Yates, 574
U. S., at 569 (KAGAN, J., dissenting). “Congress presumably enacts laws with high maximums and no minimums
when it thinks the prohibited conduct may run the gamut
from major to minor.” Ibid. Indeed, given the breadth of
its terms, (c)(2) naturally encompasses actions that range
in severity. Congress presumably trusted District Courts
to impose sentences commensurate with the defendant’s
particular conduct.
                         …
  There is no getting around it: Section 1512(c)(2) is an expansive statute. Yet Congress, not this Court, weighs the
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                     BARRETT, J., dissenting

“pros and cons of whether a statute should sweep broadly
or narrowly.” United States v. Rodgers, 

(1984). Once Congress has set the outer bounds of liability,
the Executive Branch has the discretion to select particular
cases to prosecute within those boundaries. By atextually
narrowing §1512(c)(2), the Court has failed to respect the
prerogatives of the political branches. Cf. ante, at 15. I respectfully dissent.