LibGuides: White Collar Crime: Federal and Ohio: Obstruction of Justice

Introduction

Black's Law Dictionary defines "obstruction of justice" as interfering with the orderly administration of law and justice, as by giving false information to or withholding evidence from a police officer or prosecutor, or by harming or intimidating a witness or juror. Obstruction of justice encompasses perjury.

Jan. 6 Committee Investigation

Steve Bannon found guilty of contempt for defying January 6 committee subpoena
CNN 7/22/22
New Mexico county commissioner and Cowboys for Trump founder removed from elected office for role in US Capitol riot
CNN 9/6/22 The first person to be removed from office under the 14th amendment, Sec. 3.
House Select Committee to Investigate the January 6th Attack
The committee’s seven Democrats and two Republicans in Dec. 2022 all voted to refer Trump for criminal charges on four counts:
Obstructing an official proceeding;
Conspiring to defraud the United States;
Conspiring to make a false statement;
Inciting, assisting or aiding an insurrection.
FINAL REPORT Select Committee to Investigate the January 6th Attack on the United States Capitol
Dec. 2022
Meta settles with Trump for $25 million
Salon 1/29/25 Trump sued the Facebook parent company after it chose to suspend his account on that platform following the Jan. 6 riots at the U.S. Capitol.
Supreme Court won’t review ruling that removed New Mexico official from office over January 6 insurrection
CNN 3/19/24
TRUMP v. UNITED STATES (2024)
US Supreme Court remands case to determine whether or not Trump's role in January 6 was his official act as president. If it was, he is immune from prosecution. This case is dismissed without prejudice, which means it could come back after Trump leaves office in 2028.
Superseding Indictment Against Trump
8/27/24Trump indicted for conspiracy to violate the right to vote because of January 6.
Special Counsel Report
Trump pardons about 1,500 Jan. 6 defendants
CBS News 1/21/25
U.S. Capitol Violence
Wayback Machine
Biden issues preemptive pardons for President Joe Biden on Monday issued pardons for Gen. Mark Milley, Dr. Anthony Fauci and members of Congress who served on the committee investigating the January 6, 2021, attack on the Capitol.
CNN.com 1/20/25
Jan. 6 rioter pardoned by Trump shot, killed by sheriff’s deputy
The Hill, 1/27/25

US Code

18 U.S. Code § 953
Private correspondence with foreign governments - The Logan Act
18 U.S. Code § 954
False statements influencing foreign governments
18 U.S. Code § 1001
False statements
18 U.S. Code § 1018
False writings by public officers.
18 U.S. Code § 1038
False information and hoaxes
18 U.S. Code § 1039
Fraud and related activity in connection with obtaining confidential phone records information of a covered entity.
18 USC §§ 1501-1521
Obstruction of Justice
18 U.S. Code §§ 1621-1623
Perjury

Federal Sentencing Guidelines

US Supreme Court

Fischer v. US (2024)
US Supreme Court held that to prove a violation of §1512(c)(2), the Government must establish that the defendant impaired the availability or integrity for use in an official proceeding of records, documents, objects, or other things used in an official proceeding, or attempted to do so.

Department of Justice Manual

US Dept. of Justice, Criminal Resource Manual
Secs. 1720-1740 deal with obstruction of justice.

In the News

Former FirstEnergy executives federally indicted in Ohio bribery scheme
CBSNews.com 1/15/25. Indicted for racketeering, conspiracy, bribery, money laundering, obstruction of justice.

Ohio Laws

Oh. Rev. Code Sec. 2921.03
Intimidation of a public official.
Oh. Rev. Code Sec. 2921.04
Intimidation of attorney, victim or witness in criminal case.
Oh. Rev. Code Sec. 2921.11
Perjury.
Oh. Rev. Code Sec. 2921.12
Tampering with evidence.
Oh. Rev. Code Sec. 2921.32
Obstructing justice.

The Mueller Investigation

Michael Cohen's Plea Agreement
Paul Manafort found guilty on eight counts
CNN 8/21/18 - including bank fraud and tax fraud.
Comey's 12/7/18 Interview with Congress
The transcript.
Mueller Report
3/19
Jury Convicts Flynn Intel Group Founder of Conspiring to Act as an Undisclosed Agent of Turkey
7/23/19 Bijan Rafiekian,was convicted of failing to register as a foreign agent.
Greg Craig found not guilty in Ukraine lobbying case
Politico 9/5/2019
Executive Privilege and Individuals outside the Executive Branch
CRS Report 10/9/19
REPORT OF THE REPORT 116-XX SELECT COMMITTEE ON INTELLIGENCE UNITED STATES SENATE ON RUSSIAN ACTIVE MEASURES CAMPAIGNS AND INTERFERENCE IN THE 2016 U.S. ELECTION VOLUME 5: COUNTERINTELLIGENCE THREATS AND VULNERABILITIES
8/2020
Judge says Trump pardon doesn’t make Michael Flynn innocent of lying to FBI, but he tosses case
CNBC 12/15/20
Trump Pardons Roger Stone, Paul Manafort And Charles Kushner
12/23/20
Durham's Sussman indictment is a bizarre coda for DOJ's Russia investigation
MSNBC 9/19/21 Has a good discussion of the elements of the crime of making a false statement to the FBI.
Thoughts on the Michael Sussmann Verdict
Michael Sussman found not guilty of lying 6/1/22
Analyst who provided Trump-Russia dossier information is acquitted of lying to FBI Analyst Igor Danchenko's acquittal is another blow to special counsel John Durham’s probe into the origins of the FBI's investigation of allegations of ties between former
NBC News 10/18/22

The Barr Letter

Unredacted Barr Memo
Attorney General William Barr’s Summary of the Mueller Report
William Barr June 8, 2018 Memo on Obstruction of Justice by President
The Redacted Mueller Report
Word searchable version.
Obstruction of Justice in the Mueller Report: A Heat Map
LawFare Blog 4/21/19

White Collar Crime: Federal and Ohio: Obstruction of Justice