SCOTUS Oral Arguments on 1512(c)(2) Transcript and Audio
I am working on a few columns related to yesterday’s proceeding but wanted to share both the audio file and transcript with you.
Overall, I thought the attorney representing Joseph Fischer could have done a better job. Maybe nerves? Can’t blame him if that’s the case. But I was disappointed in what appeared to be his unclear answers on questions that demanded clarity.
Good luck suffering through the voice of U.S. Solicitor General Elizabeth Prelogar who gives off serious Tracy Flick vibes. Not only did Prelogar—who clerked for Attorney General Merrick Garland and Justice Elena Kagan—confirm the Department of Justice’s selective prosecution of J6ers using 1512(c)(2), she misrepresented prison sentences associated with convictions on that statute. More to come on this tomorrow.
I think Fischer prevails in a close decision—could be 5-4 as Amy Coney Barrett appeared wobbly and reiterated one of Special Counsel Jack Smith’s claims that the electoral certificates involved in the events of January 6 could represents “records” or “documents” necessary to meet elements of 1512(c)(2).
But you can judge for yourself!
TRANSCRIPT:
https://www.supremecourt.gov/oral_arguments/argument_transcripts/2023/23-5572_0pm1.pdf
AUDIO:
ACB is a major disappointment. She is first of all always trying to show that she is the smartest person on the bench - she’s not and she’s too willing to try to get along with whatever bs the government puts forth. It is too bad. She is definitely always willing to give the government the edge. It’s obvious from her questions and it’s obvious from her opinions. Too bad. The G always starts out with an advantage with her.
One has to hope that Roberts can get over his Trump derangement syndrome enough to do the right thing and that Brett Kavanaugh isn’t going to give one of his mealy mouthed responses. I dont know what kind of justice he would have been if they hadn’t jumped all over him but they destroyed him in how confirmation process. Really the oppposite of Clarence Thomas’ response.