Because I’ve followed the progress of so many of the January 6 defendants’ trials, I was fully aware of the implications — and the government’s misapplication — of the much-discussed Section 1512(c)(2) felony that has been applied to more than 350 cases. But it wasn’t until I heard the nine members of the U.S. Supreme Court grill Solicitor General Elizabeth Prelogar that I became genuinely frightened by the overreach of the Justice Department’s never-before-used application of this law.
Sitting in the press gallery during last week’s oral arguments in Fischer v. United States, I wrote in my notebook, “The questioning by the Justices of the solicitor general made me realize how dangerous 1512 could be.”
The background
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18 U.S. Code Section 1512, titled “Tampering
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