Chief Justice Roberts continued in relevant part: The Court considers both “the specific context” in which (c)(2) appears “and the broader context of the statute as a whole.” Robinson v. Shell Oil Co., 519 U. S. 337, 341. (1) Section 1512(c)(1) describes types of criminal conduct in specific terms. The purpose of (c)(2) is, as the parties agree, to cover some set of “matters not specifically contemplated” by (c)(1). Republic of Iraq v. Beaty, 556 U. S. 848, 860. Perhaps Congress sought to criminalize all obstructive acts in §1512(c), and having named a few examples in (c)(1), devised (c)(2) to prohibit the rest. But (c)(2) could have a narrower scope if Congress designed it to fill inadvertent gaps in the focused language of (c)(1). One way to discern the reach of an “otherwise” clause is to look for guidance from whatever examples come before it. Two general principles are relevant. First, the canon of noscitur a sociis teaches that a word is “given more precise content by the neighboring words with which it is associated.” United States v. Williams, 553 U. S. 285, 294. And under the related canon of ejusdem generis, a general or collective term at the end of a list of specific items is typically controlled and defined by reference to those specific items that precede it. Southwest Airlines Co. v. Saxon, 596 U. S. 450, 458. These approaches to statutory interpretation track the commonsense intuition that Congress would not ordinarily introduce a general term that renders meaning less the specific text that accompanies it.
Under these principles, the “otherwise” provision of §1512(c)(2) is limited by the list of specific criminal violations that precede it in (c)(1). If, as the Government asserts, (c)(2) covers all forms of obstructive conduct beyond §1512(c)(1)’s focus on evidence impairment, Congress would have had little reason to provide any specific examples at all. And the sweep of subsection (c)(2) would swallow (c)(1), leaving that narrower provision with no work to do. Tethering subsection (c)(2) to the context of (c)(1) recognizes the distinct purpose of each provision. Subsection (c)(1) refers to a defined set of offense conduct—four types of actions that, by their nature, impair the integrity or availability of records, documents, or objects for use in an official proceeding. Reading the “otherwise” clause as having been given more precise content by (c)(1), subsection (c)(2) makes it a crime to impair the availability or integrity of records, documents, or objects used in an official proceeding in ways other than those specified in (c)(1). For example, it is possible to violate (c)(2) by creating false evidence—rather than altering incriminating evidence.
The Court’s “creating false evidence” example makes sense so long as it refers to physical evidence. If the evidence concerned false statements, it would almost certainly be covered by different penal statutes and would not make sense here.
