Is Obstruction of Justice a Federal Felony?

November 29, 2023

Last Updated on: 15th December 2023, 10:18 am

Table of Contents

Is Obstruction of Justice a Federal Felony?

Obstruction of justice refers to interfering with the proper administration of justice, often by misleading investigators or judges. It covers a range of activities like destroying evidence, intimidating witnesses, or lying to investigators. Obstruction charges are serious business and can be brought as felonies at both the federal and state level. Let’s break it down.

What Makes Obstruction a Felony?

Federal obstruction of justice charges can be either misdemeanors or felonies. What makes the difference? A few key factors:

Type of Proceedings – Obstructing federal judicial or Congressional proceedings nearly always leads to felony charges. Obstructing federal agency investigations may be charged as either misdemeanors or felonies.
Use of Corrupt Means – Using violence, threats, bribery or other clearly illegal means to obstruct justice will likely trigger felony charges rather than misdemeanors.
Impact – The actual impact of the obstructive conduct is also important. Causing major delays or interference with the proceedings leads to harsher charges.

Prosecutors have a fair bit of discretion. But in general, actively obstructing federal court cases or Congressional inquiries using dishonest means can easily lead to federal felony charges.

What Are Some Examples of Felony Obstruction?

Here are a few examples of obstruction of justice cases that led to federal felony convictions:

Martha Stewart – The lifestyle mogul was convicted of felony obstruction in 2004 for lying to federal investigators about a stock sale. She spent 5 months in prison.
Scooter Libby – The former chief of staff to Vice President Dick Cheney was convicted in 2007 of felony obstruction as well as perjury and making false statements related to the leak of a CIA agent’s identity. President Trump fully pardoned him in 2018.
Terry Nichols – Timothy McVeigh’s accomplice in the 1995 Oklahoma City bombing was convicted on federal felony obstruction charges for concealing his involvement and lying to federal agents during the investigation. He received 161 life sentences.

As you can see, actively misleading federal investigators about material facts or concealing criminal involvement can easily trigger felony obstruction charges.

Can Obstruction Charges Lead to Impeachment of Public Officials?

Obstruction charges aren’t just for private citizens – public officials can face them too. Under the Constitution, the President, Vice President, and civil officers can be impeached and removed from office for “Treason, Bribery, or other High Crimes and Misdemeanors.” This includes obstruction of justice in connection with official duties.

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For example, Articles of Impeachment have been brought against three presidents in part for obstruction – Andrew Johnson in 1868, Richard Nixon in 1974, and Bill Clinton in 1998. Nixon resigned before he could be impeached, while Johnson and Clinton were both impeached but acquitted in Senate trials.

More recently, allegations of obstruction played a major role in the Trump-Ukraine impeachment saga in 2019 related to the withholding of military aid and in the Mueller report documenting Russian election interference. While the House impeached Trump, the Senate acquitted him both times. But it shows how seriously obstruction allegations against top officials are taken.

What About Obstruction Charges Under State Law?

While federal obstruction laws get more attention, obstruction can also be prosecuted at the state level. Most states have laws prohibiting obstruction of justice conduct within their jurisdiction. Here are a few examples:

In California, Penal Code § 32 makes it a felony to conceal, alter, or destroy evidence believed to be relevant to an investigation.
New York law includes over 20 specific felony obstruction offenses covering things like tampering with physical evidence, bribing witnesses, or providing false information.
The Texas offense of obstruction or retaliation prohibits harming or threatening judges, witnesses and other officials involved in legal proceedings.

Penalties under state obstruction statutes vary but often include multi-year prison sentences. And some state laws impose mandatory minimum sentences for certain obstruction offenses.

What Are Some Common Defenses to Obstruction Charges?

Fighting federal or state obstruction charges is no easy task given the broad conduct covered and lengthy prison terms. But possible defenses include:

No corrupt intent – Many obstruction laws require proof the defendant acted “corruptly” or with intent to illegally interfere with proceedings. The defense may argue there was no such intent.
Truthful testimony – Some laws allow witnesses to provide truthful testimony, even if it contradicts prior false statements to investigators. This can undermine obstruction charges regarding those prior statements.
Diminished mental capacity – The defense may claim the defendant lacked the requisite criminal intent due to mental impairments from conditions like dementia, intoxication, or emotional disturbances.

While obstruction laws are far-reaching, experienced criminal defense counsel can often find ways to fight the charges or at least mitigate penalties in appropriate cases.

The Takeaway

Interfering with pending court cases, agency investigations or Congressional inquiries can have dire legal consequences. Federal obstruction of justice laws impose felony criminal charges against those who actively mislead judges, jurors, lawmakers or investigators. State laws also punish such conduct harshly. Even presidents and other top officials face impeachment and removal for obstruction in connection with their duties.

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The complexity of obstruction laws means the specific facts really matter. Minor misstatements to investigators generally don’t lead to charges. But destroying evidence, concealing criminal conduct, or undermining legal proceedings through threats, violence or bribery can readily trigger felony convictions. Defendants face an uphill battle given the power these laws give prosecutors. Anyone facing obstruction accusations needs expert legal help to navigate this complex and high-stakes area of criminal law.