Malcolm Rivera
Obstruction of Congress is a federal crime in the United States, falling under the broader category of obstruction of justice. It involves interfering with congressional activities and investigations. The law regarding obstruction of Congress can be found in Chapter 73 of Title 18 of the United States Code, which outlines various specific crimes such as witness tampering, retaliation, and destruction of evidence. The term obstruction of Congress gained prominence during the investigation of the January 6 United States Capitol attack, where many participants were charged with obstructing congressional proceedings.
| Characteristics | Values |
|---|---|
| Federal Law | Chapter 73 of Title 18 of the United States Code |
| Specific Crimes | Witness tampering, retaliation, jury tampering, destruction of evidence, assault on a process server, theft of court records |
| Pending Federal Proceeding | Judicial action, e.g. a court case or a grand jury proceeding |
| Congressional Committee | Influencing, obstructing, or impeding any pending proceeding |
| Obstruction of Justice | Lying to Congressional committees, concealing evidence, false statements to officials, witness tampering, jury tampering, destruction of evidence, coercion of court officials, sedition against a court official |
| Applicable to | Individuals, government officials, companies |
Explore related products
$0.99 $4.99
What You'll Learn
Obstruction of justice
Obstruction of Congress is a federal crime in the United States, and a specific form of the broader crime of obstruction of justice. Obstruction of justice refers to a number of offences that involve unduly influencing, impeding, or otherwise interfering with the justice system, particularly the legal and procedural tasks of prosecutors, investigators, or other government officials. Obstruction of Congress refers specifically to interference with Congressional activities.
In federal law, crimes constituting obstruction of justice are defined primarily in Chapter 73 of Title 18 of the United States Code. This chapter contains provisions covering various specific crimes, such as witness tampering and retaliation, jury tampering, 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, and federal executive agencies.
One of the broadest provisions in the chapter, known as the Omnibus Clause, states that anyone who "corruptly...endeavours to influence, obstruct, or impede, the due administration of justice" in connection with a pending court proceeding is subject to punishment. The Omnibus Clause was added in 1831 to punish contempt committed outside of the court, but only after indictment and trial by jury. The clause was enacted in response to a scandal in which a federal judge imprisoned a lawyer for contempt for publishing a letter criticizing the judge's opinion.
To violate Section 1503 of the United States Code, the proceeding must be a judicial action, like a court case or a grand jury proceeding. Section 1505, by contrast, criminalizes obstruction of proceedings before an executive agency or a congressional committee. Actions that "influence, obstruct, or impede" a proceeding must have the "natural and probable effect" of interfering with the proceeding. Not every action that interferes with a proceeding is considered obstruction, however. The individual taking the action must act "corruptly," meaning that they must be aware of the proceeding, know that their actions will interfere, and intend that result.
What Makes a Quorum in the Senate?
You may want to see also
Influencing witness testimony
Witness tampering is a crime, even if a proceeding is not actually pending, and even if the testimony sought to be influenced, delayed, or prevented would not be admissible in evidence. Witness tampering is a criminal offense even if the attempt to tamper is unsuccessful. The offense also covers the intimidation of not only a witness but also the intimidation of a "third party," such as a witness's spouse, in order to intimidate the witness. Witness intimidation is one form of witness tampering and can be analyzed in terms of "strategic complexity and two-sided uncertainty." In other words, criminals cannot know whether threats will deter witnesses, and witnesses cannot know whether threats will be carried out.
In England and Wales, witness intimidation is one form of the crime of perverting the course of justice. The Serious Organised Crime and Police Act of 2005 provides protections for witnesses at risk of intimidation.
In the United States, Section 1505 of Title 18, United States Code, as amended by the Victim and Witness Protection Act of 1982, forbids anyone from corruptly, or by threats of force or by any threatening communication, influencing, obstructing, or impeding any pending proceeding before a department or agency of the United States, or Congress. The term "corruptly" is defined as "acting with an improper purpose, personally or by influencing another, including making a false or misleading statement or withholding, misrepresenting, or concealing a material fact with intent to influence."
Section 1512 of the United States Code also addresses witness tampering, providing that the federal government has extraterritorial jurisdiction to prosecute offenses described by the section. This section was created as part of the Victim and Witness Protection Act of 1982, which recognized that the criminal justice system relies on the cooperation of victims and witnesses and that these individuals are often ignored or used as tools to identify and punish offenders.
Trump's Pardon of Arpaio: A Constitutional Violation?
You may want to see also
Tampering with evidence
Obstruction of Congress is a federal crime that encompasses several offences, including tampering with evidence. Tampering with evidence is a serious offence that can impede investigations and hinder the pursuit of justice. It involves the destruction, alteration, or concealment of information or items relevant to a pending proceeding.
Federal laws criminalize the tampering of evidence related to congressional activities. Specifically, 18 U.S.C. 1512 (c) prohibits the obstruction of official proceedings through the destruction of evidence. This offence carries a significant punishment of up to 20 years in prison.
The definition of tampering with evidence is broad and covers a range of actions. It includes the willful removal, concealment, destruction, mutilation, alteration, or falsification of documents or other materials that are relevant to an investigation or legal proceeding. This could involve, for example, shredding important documents, deleting digital records, or altering key pieces of evidence to mislead investigators.
Additionally, tampering with evidence can also include withholding or misrepresenting information during an investigation. This means that individuals who knowingly hide or distort relevant facts, thereby obstructing the truth, can be charged with this offence. This offence is not limited to physical evidence but also extends to documentary material and answers to written interrogatories or oral testimony.
The laws regarding tampering with evidence are designed to protect the integrity of congressional proceedings and ensure that investigations can be carried out thoroughly and impartially. By enforcing these laws, Congress aims to deter individuals from interfering with their activities and to uphold the principles of transparency and accountability.
Running Red Lights in Virginia: What You Need to Know
You may want to see also
Explore related products
Lying to Congress
While prosecutions for lying to Congress have been rare in the past, recent cases suggest a potential shift in this trend. For example, Michael Cohen, a former Trump associate, was convicted of making false statements to the House and Senate Intelligence Committees regarding the Trump Organization's efforts to build a Trump Tower in Moscow. Cohen received a three-year prison sentence, with his conviction highlighting the importance of truthful testimony before congressional committees.
The case of Cohen sends a strong message that lying to Congress will not be tolerated and could encourage witnesses to provide honest testimony, particularly in sensitive matters involving national security. It also serves as a warning to individuals associated with the Trump administration who may have misled or withheld information from Congress during the Trump-Russia investigation.
In addition to Cohen, other notable figures have faced consequences for lying to Congress. These include baseball player Roger Clemens, who lied about using performance-enhancing drugs, Reagan administration National Security Adviser John Poindexter, who lied about the Iran-Contra affair, and Nixon Chief of Staff H.R. The potential for legal repercussions underscores the gravity of providing false testimony to congressional committees.
While lying to Congress is a serious offence, the prosecution of these cases can be challenging. One of the requirements for conviction is proving that the individual made false statements knowingly or willingly, allowing accused individuals to claim a lack of knowledge. However, the existence of contradictory evidence can weaken this defence. Additionally, individuals who lie out of fear or provide evasive answers during federal investigations may still face the threat of prosecution, underscoring the importance of truthful and cooperative engagement with congressional inquiries.
Who Was Excluded by the Founding Fathers?
You may want to see also
Unduly influencing government officials
Section 1505 of Title 18, United States Code, as amended by the Victim and Witness Protection Act of 1982, explicitly forbids anyone from corruptly, or through threats of force or any threatening communication, influencing, obstructing, or impeding any pending proceeding before a US government department, agency, or Congress. This section clearly establishes that unduly influencing government officials is illegal and constitutes obstruction of the legislative process.
The term "corruptly" in Section 1505 has been further clarified by Congress in 1996. According to the amendment, acting "corruptly" refers to "acting with an improper purpose, personally or by influencing another." This includes making false or misleading statements, withholding or concealing information, or destroying or altering documents that are relevant to an investigation. These actions, when done with the intent to avoid or obstruct compliance with a civil investigative demand, are considered criminal offences.
Additionally, Section 1505 addresses the willful removal, concealment, destruction, mutilation, alteration, or falsification of documents that are subject to a demand under the Antitrust Civil Process Act. This aspect of the law ensures that tampering with evidence or obstructing investigations by altering or hiding information is a punishable offence.
The presence of these legal provisions demonstrates the importance of upholding the integrity of government processes and protecting officials from undue influence. By enforcing these laws, Congress aims to maintain the transparency and accountability of government proceedings and deter individuals from interfering with their legislative functions.
Death Penalty: Supreme Court's Constitutional Ruling
You may want to see also
Frequently asked questions
Obstruction of Congress is a federal crime that involves interfering with congressional activities and proceedings. It is a form of obstruction of justice, which is a broader term for crimes that interfere with the justice system.
Examples of actions that can constitute obstruction of Congress include lying to congressional committees, making false or misleading statements to Congress, tampering with witnesses, and destroying or concealing evidence.
The obstruction of Congress laws has evolved over time. A scandal in 1830 involving a federal judge imprisoning a lawyer for contempt led to the creation of obstruction of justice as a separate offense. In 1831, Congress passed a law limiting the application of contempt procedures to offenses committed in or near the court. The Omnibus Clause was added to address contempt committed outside the court. The Victim and Witness Protection Act of 1982 broadened the law to include witness tampering and retaliation.
