usmbguest5318
Gold Member
Just so you know, to be found guilty of obstruction of justice, there does not need to be an underlying crime to which a defendant be party to or guilty of.
Obstruction of justice is a criminal offense of interfering with the (1) administration or process of law, (2) withholding material information or giving false testimony, or (3) harming or intimidating a juror, witness, or officer of law.
Generally, obstruction charges are laid when it is discovered that a non-suspect person has lied to the investigating officers. Obstruction charges can also be laid if a person alters or destroys physical evidence, even if s/he was under no compulsion to produce such evidence, at any time. Obstruction of justice is a broad concept that extends to any effort to prevent the execution of lawful process or the administration of justice in either a criminal or civil matter. Obstructive conduct also includes the intimidation of potential witnesses or retaliation against actual witnesses, the preparation of false testimony or other evidence, or the interference with jurors or other court personnel. The purpose of criminal obstruction statutes is to protect the integrity of legal proceedings and, at the same time, protect those individuals who participate in such proceedings.
The government must prove that there was a pending federal judicial proceeding, the defendant knew of the proceeding, and the defendant had corrupt intent to interfere with or attempted to interfere with the proceeding, in order to obtain a conviction under section 1503. Under the statute, actual obstruction is not necessary as an element of proof to sustain a conviction. The defendant’s endeavor to obstruct justice is sufficient. The courts define “endeavor” as an effort to accomplish the purpose the statute was enacted to prevent.
I decided to share this as a thread because regardless of whether Trump did anything wrong during the 2016 campaign, it's looking more and more like he's been obstructing justice since the arriving in the WH the day of his inauguration.Generally, obstruction charges are laid when it is discovered that a non-suspect person has lied to the investigating officers. Obstruction charges can also be laid if a person alters or destroys physical evidence, even if s/he was under no compulsion to produce such evidence, at any time. Obstruction of justice is a broad concept that extends to any effort to prevent the execution of lawful process or the administration of justice in either a criminal or civil matter. Obstructive conduct also includes the intimidation of potential witnesses or retaliation against actual witnesses, the preparation of false testimony or other evidence, or the interference with jurors or other court personnel. The purpose of criminal obstruction statutes is to protect the integrity of legal proceedings and, at the same time, protect those individuals who participate in such proceedings.
The government must prove that there was a pending federal judicial proceeding, the defendant knew of the proceeding, and the defendant had corrupt intent to interfere with or attempted to interfere with the proceeding, in order to obtain a conviction under section 1503. Under the statute, actual obstruction is not necessary as an element of proof to sustain a conviction. The defendant’s endeavor to obstruct justice is sufficient. The courts define “endeavor” as an effort to accomplish the purpose the statute was enacted to prevent.