Obstruction of justice

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Obstruction of justice, in United States jurisdictions, is a process crime, consisting of obstructing prosecutors or other (usually government) officials. Common law jurisdictions other than the United States tend to use the wider offense of perverting the course of justice.

Obstruction also applies to overt coercion of court or government officials via the means of threats or actual physical harm, and also applying to deliberate sedition against a court official to undermine the appearance of legitimate authority.

Legal overview[edit]

Generally, obstruction charges are laid when it is discovered that a person questioned in an investigation, other than a suspect, has lied to the investigating officers. However, in most common law jurisdictions, the right to remain silent can be used to allow any person questioned by police merely to deny answering questions posed by an investigator without giving any reason for doing so. (In such a case, the investigators may subpoena the witness to give testimony under oath in court, though the witness may then exercise their rights, for example in the Fifth Amendment, if they believe their answer may serve to incriminate themselves.) If the person willfully and knowingly tried to protect a suspect (such as by providing a false alibi) or to hide from investigation of their own activities (such as to hide their involvement in another crime), this may leave them liable to prosecution. Obstruction charges can also be laid if a person alters, destroys, or conceals physical evidence.[1] Obstruction charges may also be laid in unique situations such as refusal to aid a police officer, escape through voluntary action of an officer and refusing to assist prison officers in arresting escaped convicts.

Obstruction can include crimes committed by judges, prosecutors, attorneys general, and elected officials in general. It is misfeasance, malfeasance or nonfeasance in the conduct of the office. Most commonly it is prosecuted as a crime for perjury by a non governmental official primarily because of prosecutorial discretion.

Notable examples[edit]

  • Bill Clinton was impeached by the United States House of Representatives in 1998 for obstruction of justice charges based on allegations Clinton lied about his relationship with Monica Lewinsky in a sworn deposition in the Paula Jones lawsuit. This made Clinton only the second U.S. president to be impeached after Andrew Johnson. He was later acquitted by the Senate.
  • Richard Nixon was being investigated for obstruction of justice for his alleged role in the cover-up of the break-in at the Watergate hotel during his re-election campaign in 1972. Although it is unknown whether Nixon had foreknowledge of his re-election committee's "dirty tricks" campaign against Democratic presidential candidates that led to the break-in, he was aware of it after the fact and paid money to keep the participants quiet.
  • Former Vice-Presidential adviser I. Lewis "Scooter" Libby was convicted of obstruction of justice in March 2007 for his role in the investigation of a leak to reporters by Richard Armitage of the identity of a CIA agent, Valerie Plame. His prison sentence was commuted by President George W. Bush in July 2007, so that Libby was no longer required to serve a two-and-a-half-year prison sentence, but was still required to pay a $250,000 fine, be recorded as a convicted felon, obey probation terms, and be disbarred. Donald Trump pardoned Libby on April 13, 2018.
  • Conrad Black was convicted of obstruction of justice in July 2007[2] for removing 13 boxes containing financial records from his office in Toronto after they had been sealed by a court order, returning the boxes a few days later.
  • Barry Bonds was convicted of obstruction of justice on April 13, 2011 for his testimony in front of the grand jury during the BALCO steroid scandal.[3] The conviction was later overturned by an appellate court.[4]
  • In United States v. Binion, malingering (feigning illness) during a competency evaluation was held to be obstruction of justice and led to an enhanced sentence.[5]

Obstruction trends[edit]

"Anticipatory obstruction of justice" has recently appeared on the horizon in cases such as US v. Wolff.[6] However, the operative section, 1519, passed in 2002, has thus far languished in quasi-obscurity. Titled “Destruction, Alteration or Falsification of Records in Federal Investigations and Bankruptcy,” the provision was passed under Section 802 of the Sarbanes–Oxley Act of 2002.

The text of the statute is relatively straightforward:

Whoever knowingly alters, destroys, mutilates, conceals, covers up, falsified, or makes a false entry in any record, document, or tangible object with the intent to impede, obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States or any case filed under Title 11, or in relation to or contemplation of any such matter or case, shall be fined under this title, imprisoned not more than 20 years, or both.

Aside from Section 1519's 20-year maximum prison sentence (no small benefit to the government in big-dollar fraud loss cases such as Wolff), its primary appeal is that it uniquely removes certain key proof burdens from prosecutors’ collective shoulders.

Prosecutors charging violations of Section 1519 must still establish either of the following:

  • The accused knowingly did the obstructive act with the intent to affect the investigation or proper administration of any matter within the jurisdiction of any U.S. department or agency or any case filed under Title 11; or
  • The accused knowingly did the obstructive act at least “in relation to or in contemplation of any such matter or case”.

Not on the list, however, is the requirement that prosecutors demonstrate to the finder of fact which specific “matter or case” the accused attempted to obstruct. That is a significant benefit to the government.[7]

See also[edit]


  1. ^ "18 U.S. Code § 1519 - Destruction, alteration, or falsification of records in Federal investigations and bankruptcy". LII / Legal Information Institute. Retrieved September 13, 2016.
  2. ^ Siklos, Richard (July 14, 2007). "Conrad Black Found Guilty in Fraud Trial". The New York Times. ISSN 0362-4331. Retrieved August 31, 2016.
  3. ^ "Barry Bonds convicted of obstruction of justice in performance-enhancing-drugs case". Los Angeles Times. April 13, 2011. Retrieved May 22, 2018.
  4. ^ "Barry Bonds conviction overturned". San Jose Mercury News.
  5. ^ "Behavior of the Defendant in a Competency-to-Stand-Trial Evaluation Becomes an Issue in Sentencing". Journal of the American Psychiatric Association. Retrieved October 10, 2007.
  6. ^ "FindLaw's United States DC Circuit case and opinions". Findlaw. Retrieved January 20, 2016.
  7. ^ Funk, T. Markus (March 2011). "Charges that Sting: 'Honey Laundering' and the New Era of Obstruction Prosecutions" (PDF). Westlaw Journal - White Collar Crime. 25: 6.

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