In United States

jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...

s, obstruction of justice refers to a number of offenses that involve unduly influencing, impeding, or otherwise interfering with the justice system, especially the legal and procedural tasks of

prosecutor A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in Civil law (legal system), civil law. The prosecution is the ...

s, investigators, or other government officials.

Common law Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

jurisdictions other than the United States tend to use the wider offense of perverting the course of justice. Obstruction is a broad crime that may include acts such as

perjury Perjury (also known as forswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an insta ...

making false statements Making false statements () is the common name for the United States federal process crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits knowingly and willfully making false or fraudulent statements, or ...

to officials,

witness tampering Witness tampering is the act of attempting to improperly influence, alter or prevent the testimony of witnesses within criminal or civil proceedings. Witness tampering and reprisals against witnesses in organized crime cases have been a difficulty ...

jury tampering Jury tampering is the crime of unduly attempting to influence the composition or decisions of a jury during the course of a trial. The means by which this crime could be perpetrated can include attempting to discredit potential jurors to ensure ...

, destruction of evidence, and many others. Obstruction also applies to overt coercion of court or government officials via the means of threats or actual physical harm, and to deliberate

sedition Sedition is overt conduct, such as speech or organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, establ ...

against a court official to undermine the appearance of legitimate authority.

Legal overview

Obstruction of justice is an umbrella term covering a variety of specific crimes. ''

Black's Law Dictionary ''Black's Law Dictionary'' is the most frequently used legal dictionary in the United States. Henry Campbell Black (1860–1927) was the author of the first two editions of the dictionary. History The first edition was published in 1891 by Wes ...

'' defines it as any "interference with the orderly administration of law and justice". Obstruction has been categorized by various sources as a

process crime In United States criminal procedure terminology, a process crime is an offense against the judicial process. These crimes include failure to appear, false statements, obstruction of justice, contempt of court and perjury. Process crimes are ...

, a

public-order crime In criminology, public-order crime is defined by Siegel (2004) as "crime which involves acts that interfere with the operations of society and the ability of people to function efficiently", i.e., it is behaviour that has been labelled criminal ...

, or a

white-collar crime The term "white-collar crime" refers to financially motivated, nonviolent or non-directly violent crime committed by individuals, businesses and government professionals. The crimes are believed to be committed by middle- or upper-class indivi ...

. Obstruction can include crimes committed by

judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...

s, attorneys general, and elected officials in general.

Federal law

In federal law, crimes constituting obstruction of justice are defined primarily in Chapter 73 of

Title 18 of the United States Code Title 18 of the United States Code is the main criminal code of the federal government of the United States. The Title deals with federal crimes and criminal procedure. In its coverage, Title 18 is similar to most U.S. state criminal codes ...

. This chapter contains provisions covering various specific crimes such as

and retaliation,

, destruction of evidence, assault on a process server, and theft of court records. It also includes more general sections covering obstruction of proceedings in federal courts,

Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...

, and federal executive agencies. One of the broadest provisions in the chapter, known as the Omnibus Clause, states that anyone who "corruptly... endeavors to influence, obstruct, or impede, the due administration of justice" in connection with a pending court proceeding is subject to punishment. Statistics regarding the frequency of obstruction of justice prosecutions are unclear. In 2004, federal agencies arrested 446 people for obstruction, representing 0.3 percent of all federal arrests. This does not include, however, people who were charged with obstruction in addition to a more serious underlying crime.

Sentencing enhancement

Under the Federal Sentencing Guidelines, a defendant convicted of any crime is subject to a more severe sentence if they are found to have obstructed justice by impeding the investigation or prosecution of their crimes. While a separate conviction for the crime of obstruction would require proof

beyond a reasonable doubt Beyond (a) reasonable doubt is a legal standard of proof required to validate a criminal conviction in most adversarial legal systems. It is a higher standard of proof than the standard of balance of probabilities (US English: preponderance of t ...

, a finding of obstruction for sentencing purposes only needs to meet the looser standard of " a preponderance of the evidence" (unless the enhanced sentence would exceed the statutory maximum sentence for the underlying crime). An obstruction finding adds two levels to the offender's sentence, which can result in as much as an additional 68 months of prison. In 2017, the obstruction enhancement was applied in 1,319 cases, representing 2.1 percent of all sentences issued in federal courts.

State law

State laws regarding obstruction of justice vary widely. A 2004 survey found that 24 states and the District of Columbia had a general statute criminalizing obstruction of justice or obstruction of government functions in broad terms, similar to those found in federal law. All states have laws prohibiting some specific types of obstruction, such as witness tampering, jury tampering, or destruction of evidence.

History

From the creation of the federal courts by the

Judiciary Act of 1789 The Judiciary Act of 1789 (ch. 20, ) was a United States federal statute enacted on September 24, 1789, during the first session of the First United States Congress. It established the federal judiciary of the United States. Article Three of th ...

, judges had the power to summarily punish those who obstructed justice by holding them in

contempt of court Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice, and dignity of the co ...

. A scandal in 1830 led to reform of the contempt law and the creation of obstruction of justice as a separate offense. Federal judge James H. Peck imprisoned a lawyer for contempt for publishing a letter criticizing one of Peck's opinions. In an effort to prevent such abuses, Congress passed a law in 1831 limiting the application of the summary contempt procedures to offenses committed in or near the court. A new section, which survives today as the Omnibus Clause, was added to punish contempt committed outside of the court, but only after

indictment An indictment ( ) is a formal accusation that a person has committed a crime. In jurisdictions that use the concept of felonies, the most serious criminal offense is a felony; jurisdictions that do not use that concept often use that of an ind ...

and

trial by jury A jury trial, or trial by jury, is a legal proceeding in which a jury makes a decision or findings of fact. It is distinguished from a bench trial, in which a judge or panel of judges makes all decisions. Jury trials are increasingly used ...

. In 1982, in response to concerns that the obstruction law did not provide adequate protection to crime victims and other witnesses, Congress broadened the law against witness tampering and criminalized retaliation against witnesses, as part of the Victim and Witness Protection Act. The

Sarbanes–Oxley Act The Sarbanes–Oxley Act of 2002 is a United States federal law that mandates certain practices in financial record keeping and reporting for corporations. The act, , also known as the "Public Company Accounting Reform and Investor Protectio ...

of 2002 strengthened the obstruction laws regarding destruction of evidence before an investigation or proceeding has begun, in response to accounting firm

Arthur Andersen Arthur Andersen LLP was an American accounting firm based in Chicago that provided auditing, tax advising, consulting and other professional services to large corporations. By 2001, it had become one of the world's largest multinational corpo ...

's widely reported shredding of documents related to the

Enron scandal The Enron scandal was an accounting scandal sparked by American energy company Enron, Enron Corporation filing for bankruptcy after news of widespread internal fraud became public in October 2001, which led to the dissolution of its accounting ...

Notable examples

*The impeachment proceedings against Richard Nixon in 1974 included charges of obstruction of justice for impeding the investigation of the Watergate burglary. Nixon's acts of obstruction, as alleged by the House Judiciary Committee, included lying to investigators and withholding evidence, influencing witnesses (including through payments of hush money), and making false statements to the public about the investigation. Nixon resigned before the full House of Representatives could consider impeachment, and President Gerald Ford preemptively pardoned him before any criminal investigation could occur. *In the wake of the

Iran–Contra affair The Iran–Contra affair (; ), also referred to as the Iran–Contra scandal, the Iran Initiative, or simply Iran–Contra, was a political scandal in the United States that centered on arms trafficking to Iran between 1981 and 1986, facilitat ...

, several members of the

Reagan Administration Ronald Reagan's tenure as the 40th president of the United States began with his first inauguration on January 20, 1981, and ended on January 20, 1989. Reagan, a Republican from California, took office following his landslide victory over ...

were charged with obstruction of justice for alleged actions including lying to the Congressional committees investigating the matter and concealing evidence. *The

impeachment of Bill Clinton Bill Clinton, the List of presidents of the United States, 42nd president of the United States, was Federal impeachment in the United States, impeached by the United States House of Representatives of the 105th United States Congress on Decem ...

in 1998 included allegations that Clinton obstructed justice by trying to influence the testimony of witnesses, including

Monica Lewinsky Monica Samille Lewinsky (born July 23, 1973) is an American activist. Lewinsky became internationally known in the late 1990s after U.S. President Bill Clinton admitted to having had an affair with her during her days as a White House intern ...

, in the sexual harassment lawsuit filed against him by Paula Jones, and by encouraging Lewinsky to conceal evidence. Clinton was acquitted of all charges by the Senate. *Accounting firm

was charged with obstruction of justice in 2002 for allegedly destroying and altering documents in anticipation of an investigation of the

. The company was convicted and effectively destroyed, though the conviction was later overturned. *

Martha Stewart Martha Helen Stewart (, ; born August 3, 1941) is an American retail business woman, writer, and television personality. As the founder of Martha Stewart Living Omnimedia, focusing on home and hospitality, she gained success through a variety ...

was convicted of obstruction of justice in 2004 for lying to investigators in the

ImClone stock trading case A U.S. Securities and Exchange Commission and U.S. Attorney probe into trading in the shares of ImClone Systems resulted in a widely publicized criminal case, which resulted in prison terms for businesswoman and television personality Martha Stew ...

about the reasons for a stock sale that was being investigated as potential

insider trading Insider trading is the trading of a public company's stock or other securities (such as bonds or stock options) based on material, nonpublic information about the company. In various countries, some kinds of trading based on insider informati ...

. *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. *

Scooter Libby I. Lewis "Scooter" Libby (first name generally given as Irv, Irve or Irving; born August 22, 1950) is an American lawyer and former chief of staff to Vice President of the United States, Vice President Dick Cheney known for his high-profile indic ...

, advisor to Vice President

Dick Cheney Richard Bruce Cheney ( ; born January 30, 1941) is an American former politician and businessman who served as the 46th vice president of the United States from 2001 to 2009 under President George W. Bush. He has been called vice presidency o ...

, was charged with obstruction of justice in 2007 for allegedly lying to a

grand jury A grand jury is a jury empowered by law to conduct legal proceedings, investigate potential criminal conduct, and determine whether criminal charges should be brought. A grand jury may subpoena physical evidence or a person to testify. A grand ju ...

investigating the Plame affair about conversations that he had with reporters about

Valerie Plame Valerie Elise Plame (born August 13, 1963) is an American writer, spy, novelist, and former Central Intelligence Agency (CIA) officer. As the subject of the 2003 Plame affair, also known as the CIA leak scandal, Plame's identity as a CIA offic ...

's identity as a CIA agent. Libby was convicted of obstruction and related crimes, but his 30-month prison sentence was commuted by

George W. Bush George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...

, and he was pardoned by

Donald Trump Donald John Trump (born June 14, 1946) is an American politician, media personality, and businessman who is the 47th president of the United States. A member of the Republican Party (United States), Republican Party, he served as the 45 ...

in 2018 after a key witness recanted her testimony. *

Conrad Black Conrad Moffat Black, Baron Black of Crossharbour (born 25 August 1944), is a Canadian-British writer and former politician, Publishing, newspaper publisher, Investor, financier, and Fraudster, convicted fraudster. Black's father was businessma ...

was convicted of obstruction of justice in July 2007 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. Black was pardoned by Donald Trump in May 2019. *

Barry Bonds Barry Lamar Bonds (born July 24, 1964) is an American former professional baseball left fielder who played 22 seasons in Major League Baseball (MLB). Bonds was a member of the Pittsburgh Pirates from 1986 to 1992 and the San Francisco Giants f ...

was charged with obstruction of justice in 2011 for allegedly lying to a grand jury investigating the BALCO steroid scandal about whether his personal trainer had given him steroids. Bonds was convicted and served 30 days of

house arrest House arrest (also called home confinement, or nowadays electronic monitoring) is a legal measure where a person is required to remain at their residence under supervision, typically as an alternative to imprisonment. The person is confined b ...

, but the conviction was later overturned on appeal. * Efforts to impeach Donald Trump have involved allegations that he obstructed justice by impeding the investigation of Russian interference in the 2016 presidential election and the investigation of the Trump–Ukraine scandal. The Mueller report described ten alleged instances of potential obstruction, including Trump's dismissal of FBI director James Comey, attempts to influence witnesses, attempts to influence the Justice Department's oversight of Special Counsel

Robert Mueller Robert Swan Mueller III (; born August 7, 1944) is an American lawyer who served as the sixth director of the Federal Bureau of Investigation (FBI) from 2001 to 2013. A graduate of Princeton University and New York University, Mueller served a ...

, and an attempt to have Mueller fired. The

House Judiciary Committee The U.S. House Committee on the Judiciary, also called the House Judiciary Committee, is a standing committee of the United States House of Representatives. It is charged with overseeing the administration of justice within the federal courts, f ...

opened an investigation of the allegations. *Many of the participants in the

January 6 United States Capitol attack On January 6, 2021, the United States Capitol in Washington, D.C., was attacked by a mob of supporters of Donald Trump, President Donald Trump in an attempted self-coup,Multiple sources: * * * * * * * * * * * * * two months afte ...

were charged with Obstruction of Justice/Congress. * Trevor Jacob, a

YouTuber A YouTuber is a content creator and social media influencer who uploads or creates videos on the online video-sharing website YouTube, typically posting to their personal YouTube channel. The term was first used in the English language in 2006 ...

and

light aircraft A light aircraft is an aircraft that has a Maximum Takeoff Weight, maximum gross takeoff weight of or less.Crane, Dale: ''Dictionary of Aeronautical Terms, third edition'', page 308. Aviation Supplies & Academics, 1997. Light aircraft are use ...

pilot, pleaded guilty to obstruction of justice in 2023 after having illegally disposed of the wreckage of an aircraft he had filmed himself deliberately crashing as a publicity stunt in 2021.

Legal overview

Federal law

Sentencing enhancement

State law

History

Notable examples

See also

Footnotes

Further reading