Understanding the Distinction in Government's Charging Decisions

🔍C1 and C2 have different intent requirements, with C1 having an additional men's Rea requirement.

🔐Charging under the wrong paragraph can be considered a harmless error, but the correct paragraph should be used for accurate charging.

🔗The Nexus requirement plays an important role in determining whether the conduct has a natural and probable effect to obstruct the proceeding.

🗣️Obstructing the official proceeding requires intent to obstruct, even if the conduct involves alteration, mutilation, or similar actions.

📜The distinction between Means and elements in the statute raises complex questions about hindrance and intent.

Can the government charge under both C1 and C2 for the same conduct?

—The government usually charges under the specific paragraph that fits the conduct. If the conduct falls under C1, it should be charged accordingly.

Does C2 require intent to mutilate or alter a document?

—No, C2 only requires intent to obstruct the official proceeding. Intent to mutilate or alter a document is not necessary.

What if the conduct only impedes the proceeding without breaching the capital?

—If the conduct has a natural and probable effect on the proceeding, it can be considered a violation of the statute, even if the capital was not breached.

Are there any limitations to the broad interpretation of 'impedes' in the statute?

—The statute has important limits, such as the Nexus requirement and the need to show intent to obstruct the proceeding. First Amendment challenges may also be considered.

What happens if the wrong paragraph is charged accidentally?

—Charging under the wrong paragraph can be considered a harmless error. However, it is important to charge under the correct paragraph for accurate prosecution.

00:00A clarifying question is asked about the distinction in the government's charging decisions between C1 and C2, specifically regarding the additional men's Rea requirement.

00:13The government could not charge an alteration, mutilation, or concealing of a document or physical object under C2.

01:36The intent to obstruct the official proceeding is a requirement in both C1 and C2, with C1 having an additional men's Rea requirement.

02:53The natural and probable effect of the conduct on the proceeding is crucial in determining whether it violates the statute.