U.S. v. Girod

Girod's physical presence and participation in the Capitol breach undoubtedly disrupted the certification proceeding, but that disruption alone fails to satisfy Fischer's evidence-impairment requirement. Under Fischer, the government must prove that Girod acted with the intent to tamper with or impair evidence—such as legislative records, ballots, or official documents—not merely that he obstructed the proceeding's execution. The record of Girod's conduct on January 6 does not appear to include evidence that he specifically targeted, damaged, or attempted to destroy evidence relevant to the certification, making the § 1512(c)(2) conviction vulnerable to reversal on remand. Accordingly, the case proceeds with the government bearing the burden to prove the evidence-impairment element or face vacatur of the conviction in favor of charges requiring only a showing of proceeding disruption.