No. 23-94

Garret Miller v. United States

Lower Court: District of Columbia
Docketed: 2023-08-01
Status: GVR
Type: Paid
Relisted (3)
Tags: congressional-proceedings criminal-law criminal-statute electoral-certification electoral-college intent-element mens-rea obstruction-of-justice prosecutorial-discretion statutory-interpretation
Key Terms:
Securities JusticiabilityDoctri Jurisdiction
Latest Conference: 2024-07-01 (distributed 3 times)
Related Cases: 23-32 (Vide)
Question Presented (AI Summary)

Whether the 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

Question Presented (OCR Extract)

QUESTIONS PRESENTED Whether the offenses in 18 U.S.C. § 1512(© 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.

Docket Entries

2024-08-05
Judgment Issued.
2024-07-02
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>Fischer</i> v. <i>United States</i>, 603 U. S. ___ (2024).
2024-06-28
DISTRIBUTED for Conference of 7/1/2024.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-14
DISTRIBUTED for Conference of 12/1/2023.
2023-11-08
2023-09-26
Motion to extend the time to file a response is granted and the time is further extended to and including October 30, 2023.
2023-09-25
Motion to extend the time to file a response from October 2, 2023 to October 30, 2023, submitted to The Clerk.
2023-08-28
Motion to extend the time to file a response is granted and the time is extended to and including October 2, 2023.
2023-08-24
Motion to extend the time to file a response from August 31, 2023 to October 1, 2023, submitted to The Clerk.
2023-07-28
Petition for a writ of certiorari filed. (Response due August 31, 2023)

Attorneys

Christopher Warnagiris, Christopher Carnell, William Robert Norwood
Theodore Mark CoopersteinTheodore Cooperstein PLLC, Amicus
Theodore Mark CoopersteinTheodore Cooperstein PLLC, Amicus
Garret Miller
David Benjamin SmithDavid B. Smith, PLLC, Petitioner
David Benjamin SmithDavid B. Smith, PLLC, Petitioner
United States
Elizabeth B. Prelogar — Respondent
Elizabeth B. PrelogarSolicitor General, Respondent