{
  "id": "98-832",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "98-832",
  "active": false,
  "source": "EveryCRSReport.com",
  "versions": [
    {
      "source": "EveryCRSReport.com",
      "id": 105243,
      "date": "1998-10-05",
      "retrieved": "2016-05-24T20:50:55.381941",
      "title": "Obstruction of Justice Under Federal Law: A Review of Some of the Elements",
      "summary": "This report focuses on selected aspects of the general obstruction of justice provisions found in\n18\nU.S.C.  1503, 1505, and 1512. Section 1503 prohibits obstruction of pending federal judicial\nproceedings; section 1505 outlaws obstruction of pending administrative and Congressional\nproceedings; and section 1512 bans witness tampering with the intent to obstruct federal judicial,\nadministrative, or Congressional proceedings. \n  Section 1503 condemns obstructing pending judicial proceedings under any of four kinds of\ninterference. Three explicitly address interfering with federal jurors or court officials; the fourth,\ninterference with the due administration of justice. The courts often observe that to convict under\nthis omnibus clause the government must prove beyond a reasonable doubt: (1) that there was a\npending judicial proceeding, (2) that the defendant knew this proceeding was pending, and (3) that\nthe defendant then corruptly endeavored to influence, obstruct, or impede the due administration of\njustice. \n  Section 1505 outlaws interfering with Justice Department civil investigative demands issued\nin antitrust cases, but deals primarily with obstructing Congressional and federal administrative\nproceedings. Prosecutions under section 1505 are relatively few, and most of these arise as\nobstruction of administrative proceedings. The crime of obstruction of [such] proceedings has three\nessential elements. First, there must be a proceeding pending before a department or agency of the\nUnited States. Second, the defendant must be aware of the pending proceeding. Third, the defendant\nmust have intentionally endeavored corruptly to influence, obstruct or impede the pending\nproceeding.\n  Section 1512 forbids murdering (18 U.S.C.  1512(a)), harassing (18 U.S.C.  1512(c)), or\notherwise tampering (18 U.S.C.  1512(b)) with federal witnesses in order to prevent them from\nreporting misconduct to federal authorities, appearing as witnesses in federal proceedings, or\nproducing evidence at federal proceedings. Although the murder and harassment subsections are not\ninsignificant, the heart of the section is the omnibus subsection, subsection 1512(b). It outlaws (1)\nknowingly, (2) using one of the prohibited forms of persuasion, (3) with the intent to prevent a\nwitness's testimony or physical evidence from being presented at official federal proceedings or with\nthe intent to prevent a witness from reporting evidence of a crime to federal authorities.",
      "type": "CRS Report",
      "typeId": "REPORTS",
      "active": false,
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          "url": "http://www.crs.gov/Reports/pdf/98-832",
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          "filename": "files/19981005_98-832_10eb89b3af52b62e0706d1fb0db88d8e9bf952a7.pdf",
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      ],
      "topics": []
    }
  ],
  "topics": [
    "American Law"
  ]
}