I cannot even begin to summarize my thoughts here on the oral argument in Fischer that just ended.
But I will say that I'm going to redouble my efforts to understand and chart a path through the legal landscape of what will follow from a reversal.
Multiple Justices -- across the Court -- voiced concerns on multiple grounds about HOW the Govt is applying this statute based on the breadth of the definitions it is using in doing so.
And the reference to a short decision from last FRIDAY that seems to cut the legs out from under the Govt's position that 1512(c)(2) is a "stand alone" provision not contained at all by the language of (c)(1) was really telling.
Also, there were NUMEROUS concessions/ representations made by the Solicitor General about HOW the J6 cases are being prosecuted that are not entirely consistent with the outcomes.
The claims about mean and median sentences -- and the representation that after Block the GL ranges will be in the range of 6-20 months -- IGNORES completely what the sentences were based on the Govt arguments for nearly three years. Jake Chansley got a GL sentence of 41 months. THAT has been the standard. Shorter sentences have only resulted from some Judges departing below the GL range, ALWAYS contrary to the efforts made by the Govt.
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