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67 N.Y.U. L. Rev. 570 (1992)
A Funny Thing Happened on the Way to the Courthouse: Mens Rea, Document Destruction, and the Federal Obstruction of Justice Statute

handle is hein.journals/nylr67 and id is 584 raw text is: NOTES A FUNNY THING HAPPENED ON THE WAY TO THE COURTHOUSE: MENS REA, DOCUMENT DESTRUCTION, AND THE FEDERAL OBSTRUCTION OF JUSTICE STATUTE JOSEPH V. DE MARCO* INTRODUCTION Section 1503 of the federal obstruction of justice statute' is one of the most powerful tools available to a prosecutor.2 In the past, it has been used to punish an extremely wide range of behavior, including wit- ness tampering, bribery of court personnel, perjury, document destruc- tion, and attempts to mislead the government.3 Yet despite the broad range of acts that fall within its bounds, a critical element of the offense of obstruction of justice remains ob- scured by Congressional silence and confused by judicial interpretation. Although one might presume the crime to require a purposeful frame of * The author wishes to thank Ronald K. Noble of New York University School of Law and Michael D. Paranzino of the Arizona Bar for their comments on an earlier draft of this Note. 1 18 U.S.C. § 1503 (1988). The statute provides: Whoever corruptly, or by threats or force, or by any threatening letter or communi- cation, endeavors to influence, intimidate, or impede any grand or petit juror, or officer in or of any court of the United States, or officer who may be serving at any examination or other proceeding before any United States commissioner or other committing magis- trate, in the discharge of his duty, or injures any such grand or petit juror in his person or property on account of any verdict or indictment assented to by him, or on account of his being or having been such juror, or injures any such officer, commissioner, or other committing magistrate in his person or property on account of the performance of his official duties, or corruptly or by threats or force, or by any threatening letter or commu- nication, influences, obstructs, or impedes, or endeavors to influence, obstruct, or im- pede, the due administration of justice, shall be fined not more than $5,000 or imprisoned not more than five years, or both. The final clause, or corruptly... influences, obstructs or impedes, or endeavors to influ- ence, obstruct or impede, the due administration of justice.. . is a catch-all clause referred to as the omnibus clause. See United States v. Thomas, 916 F.2d 647, 650 (11th Cir. 1990). 2 See text accompanying notes 249-277 infra. 3 At one time the omnibus clause was limited to an elaboration of the offenses that pre- ceded it according to the ejusdem generis rule of construction. This is no longer the case. See United States v. Metcalf, 435 F.2d 754, 756-57 (9th Cir. 1970). Any acts which violate the omnibus clause itself may be prosecuted. 570 Imaged with the Permission of N.Y.U. Law Review

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