WEBVTT

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THE TEA LEAVES WE SAW EARLIER

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DURING THE SUPREME COURT’S ORAL

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ARGUMENTS, ANA.

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>> LEGAL ANALYSTS ARE BACK WITH

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US, LISA, I KNOW YOU’RE TRYING

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TO DIG INTO THE DECISION.

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WHAT CAN YOU TELL US ABOUT WHAT

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YOU’VE LEARNED SO FAR?

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>> WELL, ANA, THIS IS AN

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INTERESTING SPLIT OF THE COURT,

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YOU HAVE JUSTICE JACKSON JOINING

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A NUMBER OF THE CONSERVATIVES

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AND MAJORITY OF THE OPINION

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WRITTEN BY CHIEF JUSTICE ROBERTS

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AND JUSTICE BARRETT IN DISSENT.

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THE HOLDING HERE REALLY NARROWS

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THE MEANING OF THIS STATUTE THAT

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PENALIZES OBSTRUCTION OF AN

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OFFICIAL PROCEEDING.

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AND THAT STATUTE HAS TWO

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SECTIONS.

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ONE THAT PERTAINS TO OBSTRUCTING

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AN OFFICIAL PROCEEDING BY USE OF

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RECORDS, OR DOCUMENTS, OR

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OBJECTS OR OTHER THINGS USED IN

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A PROCEEDING AND THEN THERE IS

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SORT OF WHAT PEOPLE WOULD HAVE

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DESCRIBED A CATCH-ALL PROVISION

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AFTERWARDS THAT SAYS, OR

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OTHERWISE IMPEDES THE

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FUNCTIONING OF AN OFFICIAL

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PROCEEDING.

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AND

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OTHERS WOULD HAVE DESCRIBED AS A

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CATCH ALL PROVISION AFTERWARDS,

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OR OTHERWISE IMPEDES THE

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FUNCTIONING OF AN OFFICIAL

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PROCEEDING.

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WHAT THE COURT IS DECIDING IS

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THAT THAT SECTION THAT HAS THE

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CATCH ALL PHRASE OTHERWISE

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OBSTRUCTS, INFLUENCES OR IMPEDES

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ANY OFFICIAL PROCEEDING OR

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ATTEMPTS TO DO SO, THAT MUST BE

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CONSTRUED IN LIGHT OF THE FIRST

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MORE SPECIFIC PHRASE.

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THAT MEANS THAT ANYBODY WHO HAS

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BEEN CHARGED WITH OBSTRUCTING AN

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OFFICIAL PROCEEDING BY, FOR

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EXAMPLE, PHYSICALLY BLOCKING

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CONGRESS FROM DOING THEIR JOB ON

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JANUARY 6th, IF THEY DIDN’T, FOR

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EXAMPLE, BLOCK THAT OFFICIAL

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PROCEEDING BY USE OF A RECORD, A

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DOCUMENT, AN OBJECT OR AN OTHER

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THING, USED IN THE CONDUCT OF

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CONGRESS’ SESSION THAT DAY, THIS

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CHARGE CAN NO LONGER STAND.

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WE THINK ABOUT HOW MANY CASES

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ARE AFFECTED HERE, IT IS MY

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UNDERSTANDING THAT NEARLY 250

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PEOPLE OF THE MORE THAN 1400

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CASES THAT HAVE BEEN BROUGHT

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AGAINST PARTICIPANTS IN THE

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JANUARY 6th EVENT INVOLVE ONE OF

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THESE CHARGES.

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SO --

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>> ABSOLUTELY RIGHT.

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>> THE NUMBER OF PEOPLE FACING

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CHARGES ONLY ON THIS COUNT IS

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VERY LIMITED.

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MAYBE A FEW DOZEN.

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THE NUMBER OF DEFENDANTS WHO

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HAVE BEEN CHARGED WITH SECTION

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1512-C OF THE U.S. CODE TITLE 18

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NUMBERS OVER 200 AND ALMOST 250.

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WITH RESPECT TO FORMER PRESIDENT

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TRUMP, WHAT DOES THIS MEAN?

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HE HAS BEEN CHARGED WITH

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OBSTRUCTION OF AN OFFICIAL

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PROCEEDING AND CONSPIRACY TO DO

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SO.

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BUT, REMEMBER, ALSO, THE

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ALLEGATIONS AGAINST HIM IN THE

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PENDING INDICTMENT COVER THINGS

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LIKE THE FAKE ELECTORS SCHEME,

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WHICH ONE COULD DESCRIBE AS AN

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ATTEMPT TO OBSTRUCT CONGRESS

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FROM DOING ITS JOB BY

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INTERPOSING FALSE RECORDS, WILL

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THOSE CHARGES THEN AGAINST HIM

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STAND?

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I THINK THAT’S A MATTER OF