Criminal Defense · Haute Lawyer Network
What Is Obstruction of Justice?
Last reviewed: June 2026
Obstruction of justice is a broad category of federal and state crimes that share the common element of interfering with the administration of justice — the investigation of crimes, the conduct of judicial proceedings, or the exercise of official authority. Federal obstruction statutes include 18 U.S.C. § 1503 (omnibus obstruction), § 1512 (witness tampering), § 1519 (destruction of evidence), and others.
Common forms of obstruction include destroying or concealing documents after learning of an investigation (spoliation), lying to federal investigators (which is separately charged under 18 U.S.C. § 1001), witness tampering — attempting to influence, intimidate, or prevent a witness from testifying, perjury — lying under oath, and contempt of court. Obstruction charges frequently arise as additional counts in white collar, organized crime, and public corruption prosecutions.
Frequently Asked Questions
Is it obstruction of justice to assert the Fifth Amendment?
Absolutely not. Refusing to testify on Fifth Amendment grounds is a constitutionally protected right — it cannot constitute obstruction. Exercising constitutional rights is never obstruction.
Is it obstruction to tell a potential witness what you know about an investigation?
It can be — particularly if the communication was intended to influence, intimidate, or otherwise affect the witness's testimony. Innocent information sharing and witness intimidation can sometimes look similar.
What is the difference between obstruction and lying to investigators?
Lying to federal investigators violates 18 U.S.C. § 1001 — making false statements to federal agents — which does not require proof of nexus to a judicial proceeding. Obstruction statutes have varying requirements about the connection to an official proceeding.
What is consciousness of guilt?
Behavior after a crime — destroying evidence, fleeing, lying — that suggests awareness of guilt. Such conduct can be used as circumstantial evidence of guilt on the underlying charge and also supports independent obstruction charges.
Can document retention policies protect against obstruction charges?
A legitimate, consistently applied document retention policy that calls for routine destruction of records is not obstruction — even if it results in destruction of documents that later become relevant. But triggering a litigation hold — when legal proceedings are reasonably anticipated — and continuing to destroy documents can constitute obstruction.
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