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The crime of obstruction of justice includes crimes committed by judges, prosecutors, attorneys general, and elected officials in general. It is misfeasance, malfeasance or nonfeasance in the conduct of the office. Most commonly it is prosecuted as a crime for perjury by a non governmental official primarily because of prosecutorial discretion. Prosecutors and attorneys general however commit obstruction of justice when they fail to prosecute judges and other government officials for malfeasance, misfeasance or nonfeasance in office.

Modern obstruction of justice, in United States jurisdictions, refers to the crime of offering interference of any sort to the work of police, investigators, regulatory agencies, prosecutors, or other (usually government) officials. Often, no actual investigation or substantiated suspicion of a specific incident need exist to support a charge of obstruction of justice. Common law jurisdictions other than the United States tend to use the wider offense of Perverting the course of justice.

Generally, obstruction charges are laid when it is discovered that a person questioned in an investigation, who is not a suspect, has lied to the investigating officers. However, in most common law jurisdictions, the right to remain silent allows any person who is questioned by police merely to refuse to answer questions posed by an investigator without giving any reason for doing so. (In such a case, the investigators may subpoena the witness to give testimony under oath in court) It is not relevant if the person lied to protect a suspect (such as setting up a false alibi, even if the suspect is in fact innocent) or to hide from an investigation of their own activities (such as to hide his involvement in another crime). Obstruction charges can also be laid if a person alters or destroys physical evidence, even if he was under no compulsion at any time to produce such evidence.

In United States v. Binion, malingering or feigning illness during a competency evaluation was held to be obstruction of justice and led to an enhanced sentence.^[1]

[edit] Notable examples

President Bill Clinton was impeached by the United States House of Representatives in 1998 for obstruction of justice charges based on allegations Clinton lied about his relationship with Lewinsky in a sworn deposition in the Paula Jones lawsuit. This made Clinton only the second U.S. president to be impeached after Andrew Johnson. He was later acquitted by the Senate.

President Richard Nixon was being investigated for obstruction of justice for his alleged role in the cover-up of the break-in at the Watergate hotel during his 1972 re-election campaign. Although it is widely believed that Nixon had no foreknowledge of his re-election committee's "dirty tricks" campaign against Democratic presidential candidates that led to the break-in, he was aware of it after the fact and paid money to keep the participants quiet.

Former Vice-Presidential adviser I. Lewis "Scooter" Libby was convicted of obstruction of justice in March 2007 for his role in the investigation of a leak to reporters that named a CIA agent, Valerie Plame. His prison sentence was commuted by President George W. Bush in July 2007, just before Libby was about to serve a two and a half year prison sentence.

Conrad Black was convicted of obstruction of justice in July 2007 for removing 13 boxes containing financial records from his office in Toronto after it had been sealed by a court order, returning the boxes a few days later. Black claimed he had taken the boxes because they contained personal items.

[edit] See also

[edit] Footnotes

^ "Behavior of the Defendant in a Competency-to-Stand-Trial Evaluation Becomes an Issue in Sentencing". Journal of the American Psychiatric Association. http://www.jaapl.org/cgi/content/full/34/1/126. Retrieved 2007-10-10.

[edit] External links

Obstruction of Justice: an Overview of Some of the Federal Statutes that Prohibit Interference with Judicial, Executive, or Legislative Activities,Congressional Research Service, December 27, 2007

[0] "Behavior of the Defendant in a Competency-to-Stand-Trial Evaluation Becomes an Issue in Sentencing". Journal of the American Psychiatric Association. http://www.jaapl.org/cgi/content/full/34/1/126. Retrieved 2007-10-10.

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[edit] Notable examples

[edit] See also

[edit] Footnotes

[edit] External links