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of wrongdoing.9 This element of the stat- utes can be proven in any number of ways. “In contexts where obstructive actions are not inherently corrupt, the require- ment to act ‘corruptly’ separates innocent from illegal behavior. The ‘corruptly’ element protects non-culpable conduct... from being swept up by the statute’s broad prohibition on ‘obstructing, influencing or impeding an official proceeding.’”10The term “corruptly” has constantly been attacked as unconstitutionally vague on the grounds that it is ambiguous and does not provide fair notice that the conduct in question is unlawful. These challenges have been rejected.11
Section 1503(a) also provides that obstructive activity must be in conjunc- tion with judicial proceedings while Section 1512(c)(2) provides that the obstructive acts must be in conjunc- tion with any “official proceeding.” This latter term is defined in 18 U.S.C. Section 1515(a)(1) to include, among other things, any judicial proceeding, any proceeding before Congress, or a Federal Govern- ment agency which is authorized by law. Because of the scope of Section 1512(c), it is much broader in its applica- tion than Section 1503. In fact, in recent years several courts have ruled in cases involving the prosecution of those indi- viduals who participated in the Capitol riot on January 6, 2021 and were charged with violating 18 U.S.C. Section 1512(c)(2), that the “official proceeding” involved was a joint session of Congress convened for the purpose of certifying the vote count of the Electoral College.12 In addition, former President Trump has been charged with violating 18 U.S.C. 1512(c)(2) for his alleged role in corruptly obstructing and impeding an official proceeding, that is, the certification of the electoral vote.13
Hanley practices federal criminal law in Ohio and Kentucky. He has also been an adjunct professor at University of Cincinnati, College of Law teaching criminal procedure and white-collar crime.
Section 1519-Destruction Alteration, Or Falsification Of Records In Federal Investigations and Bankruptcy; 18 U.S.C. Section 1520-and Attempts To Interfere With Administration Of Internal Revenue Laws, or prohibit- ing corrupt endeavors to obstruct and impede the due administration of the Internal Revenue Laws.
2 Sarbanes-Oxley Act of 2002 (Public Company Accounting Reform and Investor Protection Act), Pub.L. No. 107-204, 116 Stat. 745 (codified in scattered sections of 15 U.S.C. and 18 U.S.C.).
3 Daniel A. Shtob, Corruption of a Term:The Problematic Nature of 18 U.S.C. 1512(c), the New Federal Obstruction of Justice Provision, 57 Vand. L. Rev. 1429 (2004).
4 United States v. Griffin, 589 F.2d 200, 204 (5th Cir. 1979) citing Samples v. United States, 121 F.2d 263, 265 (5th Cir. 1941).
5 United States v. Fischer, 64 F. 4th 329, 337 (D.C. Cir, 2023).
6 United States v.Wellman, 26 F. 4th 339, 348 (6th Cir. 2022) citing United States v. Aguilar, 515 U.S. 593, 599, 115 S. Ct. 2357, 132 L. Ed. 2d 520 (1995)..
7 Aguilar at 599.
8 United States v.Young, 916 F.3d 368, 386 (4th Cir. 2019); United States v. Petruk, 781 F. 3d 438, 445 (8th Cir. 2015); Wellman at 347.
th
9 Fischer at 64 F. 4 329, 339-40 (D.C. Cir. 2023).
10 United States v. Robertson, 84 F. 4th 1045, 1056-57 (D.C. Cir. 2023).
11 Fischer at 336-42; United States v. Caldwell, 581 F. Supp. 3d 1, 20 (D DC 2021); United States v. Sandlin, 575 F. Supp. 3d 16, 29-30 (D. D.C, 2021)
12 Fischer at 342-343.
13 See U.S. District Court for the District of Columbia, Case No. 1:23-cr-00257, Document 1 (Indictment, Count 3).
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THE REPORT | March/April 2024 | CincyBar.org
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A sample of some of those provisions are 18 U.S.C. Section 1503-Influencing Or Injuring Officer Or Juror Generally, or obstructing of pending federal court proceedings; 18 U.S.C. Section 1505-Obstruction Of Proceedings Before Departments,Agencies,And Com- mittees, or obstruction of pending congressional or federal administrative proceedings; 18 U.S.C. Section 1510-Obstruction Of Criminal Investigations; 18 U.S.C. Section 1512-Tampering With A Witness,Victim, Or An Informant, or obstruction of pending congressional and federal administrative proceedings; 18 U.S.C. Section 1516-Obstruction Of A Federal Audit; 18 U.S.C.