Obstruction of Justice Under Federal Law (CRS Report for Congress)
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| Release Date |
Oct. 5, 1998 |
| Report Number |
98-832 |
| Report Type |
Report |
| Authors |
Charles Doyle, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
This report focuses on selected aspects of the general obstruction of justice provisions found in
18
U.S.C. 1503, 1505, and 1512. Section 1503 prohibits obstruction of pending federal judicial
proceedings; section 1505 outlaws obstruction of pending administrative and Congressional
proceedings; and section 1512 bans witness tampering with the intent to obstruct federal judicial,
administrative, or Congressional proceedings.
Section 1503 condemns obstructing pending judicial proceedings under any of four kinds of
interference. Three explicitly address interfering with federal jurors or court officials; the fourth,
interference with the due administration of justice. The courts often observe that to convict under
this omnibus clause the government must prove beyond a reasonable doubt: (1) that there was a
pending judicial proceeding, (2) that the defendant knew this proceeding was pending, and (3) that
the defendant then corruptly endeavored to influence, obstruct, or impede the due administration of
justice.
Section 1505 outlaws interfering with Justice Department civil investigative demands issued
in antitrust cases, but deals primarily with obstructing Congressional and federal administrative
proceedings. Prosecutions under section 1505 are relatively few, and most of these arise as
obstruction of administrative proceedings. The crime of obstruction of [such] proceedings has three
essential elements. First, there must be a proceeding pending before a department or agency of the
United States. Second, the defendant must be aware of the pending proceeding. Third, the defendant
must have intentionally endeavored corruptly to influence, obstruct or impede the pending
proceeding.
Section 1512 forbids murdering (18 U.S.C. 1512(a)), harassing (18 U.S.C. 1512(c)), or
otherwise tampering (18 U.S.C. 1512(b)) with federal witnesses in order to prevent them from
reporting misconduct to federal authorities, appearing as witnesses in federal proceedings, or
producing evidence at federal proceedings. Although the murder and harassment subsections are not
insignificant, the heart of the section is the omnibus subsection, subsection 1512(b). It outlaws (1)
knowingly, (2) using one of the prohibited forms of persuasion, (3) with the intent to prevent a
witness's testimony or physical evidence from being presented at official federal proceedings or with
the intent to prevent a witness from reporting evidence of a crime to federal authorities.
