Obstruction of Justice—What Does It Mean for You?

A Basic Understanding of the Often-Heard Legal Charge

If you’ve watched many police or courtroom shows, you’ve most likely heard the term “obstruction of justice” bandied about by a law enforcement officer or prosecutor. What is obstruction of justice? What must a prosecutor prove to obtain a conviction? What are some examples of obstruction of justice?

What Is Obstruction of Justice in the United States?

The term “obstruction of justice” refers to a wide range of activities, all involving an attempt or act that interferes with, impedes, or unduly influences the legal process or functioning of the justice system. The crime may be prosecuted at either the federal or state level.

What Acts Might Constitute Obstruction of Justice?

The crime may involve a broad range of wrongful acts, including:

• Perjury—Perjury is generally defined as making a false statement while under oath or in relation to an official proceeding. This includes providing false information to a police officer or government investigator.
• Destruction of evidence—It’s a crime to hide, destroy, alter, or otherwise tamper with evidence related to a judicial proceeding or investigation by a lawful authority. This includes falsification of documents and forgery.
• Interfering with a witness—Threatening, bribing, coercing, or otherwise seeking to get a witness to retract or change their testimony constitutes obstruction of justice.
• Attempting to influence jurors—Obstuction of justice may involve threats, undue influence, bribes, or other acts intended to impact the selection of or decisions made by jurors. It can also include wrongfully listening to or recording jury deliberations.
• Acts against government or court officials—This type of obstruction includes retaliation in an attempt to influence the outcome of a judicial proceeding or investigation.

What Must a Prosecutor Prove to Convict a Person for Obstruction of Justice?

Though the specific details of obstruction of justice vary from jurisdiction to jurisdiction, as a general rule, the crime requires:

• Intent—The defendant must act knowingly and purposefully. You cannot be charged with obstruction of justice for careless or negligent acts.
• Knowledge of the legal proceeding—The defendant must have known of the relevant legal proceeding affected by their action.
• Willful interference with an existing legal proceeding—The prosecutor must show that the defendant acted specifically to influence, alter, or impede an ongoing legal proceeding. In most cases, the defendant is charged with obstructing an existing investigation; however, a person who destroys evidence can be charged with hindering a future investigation.

What Are Some Well-Known Examples of Obstruction of Justice?

Among the more notable instances where persons have been charged with obstruction of justice are the following:

• Allegations against President Richard Nixon for lying to investigators about the Watergate burglary, withholding evidence (the missing portions of tape), making false statements to the public, and attempting to pay off potential witnesses
• Charges against baseball star Barry Bonds for lying to a grand jury about his use of steroids
• Allegations against members of the Reagan administration related to the Iran-Contra affair
• Allegations against President Bill Clinton that he attempted to wrongfully influence the testimony of witnesses in a sexual harassment lawsuit
• Allegations against Arthur Andersen related to the Enron scandal, specifically with respect to the destruction or altering of financial records