Obstruction of justice

Obstruction of justice is an attempt to impede justice by any means. It may include physical disruption of trial courts in session; attempts to interfere with judges, court officials, or jurors; and attempts to bribe or create doubt regarding the integrity of those involved in court proceedings. Concealing or falsifying evidence obstructs justice, as does resisting a court-appointed process server.

SIGNIFICANCE: Obstructing justice may deny a party the right to due process of law or justice.

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Because police are officers of the court, intentional interference with their duties may be considered an obstruction of justice. In federal practice, obstruction extends to agencies, departments, and committees conducting their work. A witness concealing evidence from an investigation by a congressional committee is as guilty of obstruction as a person concealing evidence in a trial court.

Famous cases include those of President Richard Nixon, Congressman William Jefferson, and President Donald Trump. Nixon was charged with obstruction of justice after members of his reelection committee broke into the offices of the Democratic National Committee in the Watergate office complex in Washington, DC, in 1972. The burglars were caught and arrested. Nixon was accused of impeding the investigation and concealing other illegal activities related to spying on and sabotaging the efforts of his opposing political party. In 2007, he was indicted on bribery and obstruction of justice charges, among many others. Jefferson was accused of soliciting bribes from companies wishing to do business in parts of Africa, where he was able to pay off officials. When the FBI raided Jefferson's residence, they found $90,000 hidden in his freezer.

Trump was indicted on obstruction of justice charges after ordering his staff to move many boxes, some containing sensitive government information, to his Mar-a-Lago residence after he left office in 2021. Trump allegedly had his attorneys falsely sign a document indicating that all the materials had been returned. In July 2024, federal judge Aileen Cannon, a Trump appointee, threw out the case, ruling that Special Counsel Jack Smith was not properly appointed. Cannon did not rule on the merits of the case for obstruction of justice or retention of illegal documents.

In June 2024, the Supreme Court dismissed obstruction of official proceeding charges against a former Pennsylvania police officer, Joseph Fischer. Fisher was one of hundreds of Trump supporters who rioted at the US Capitol on January 6, 2021, in an attempt to prevent Congress from certifying the results of the 2020 presidential election, which Trump lost to Joe Biden. The Court ruled in Fischer v. United States that the law against obstruction of an official proceeding only applies to tampering with or destruction of documents in official proceedings. The Department of Justice, which had charged more than 350 people with obstruction related to the January 6 riot, dropped some of these charges by July 2024. Trump, then the 2024 Republican nominee for president, had also been charged with obstruction for his role in the events of January 6, but it was not clear whether prosecutors would drop the obstruction charge in his case before the election or whether the Supreme Court's 2024 decision in Trump v. United States, which granted presidents broad immunity from criminal prosecution for official actions, would prompt a dismissal.

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