Page:Durham Report.pdf/49

 agency of the United States … or in relation to or contemplation of any such matter. The government must prove three elements beyond a reasonable doubt to obtain a conviction under section 1519:

First, the defendant knowingly falsified a document;

Second, the defendant did so with the intent to impede, obstruct, or influence an investigation [or] the proper administration of a matter; and

Third, the investigation or matter was within the jurisdiction of the Department, the FBI, or another federal department or agency.

5.&emsp;Obstruction of justice

There are several statutes that cover conduct intended to obstruct or impede government investigations. 18 U.S.C. § 1512(c)(2) is an omnibus obstruction-of-justice provision that covers a range of obstructive acts directed at pending or contemplated official proceedings. 18 U.S.C. §§ 1503 and 1505 also offer broad protection against obstructive acts directed at pending grand jury, judicial, administrative, and congressional proceedings, and they are supplemented by a provision in section 1512(b) aimed specifically at conduct intended to prevent or hinder the communication to law enforcement of information related to a federal crime. The Mueller Report describes these requirements and noted that “[t]hree basic elements are common to the obstruction statutes pertinent to the Office’s charging decisions: an obstructive act; some form of nexus between the obstructive act and an official proceeding; and criminal (i.e., corrupt) intent.”

6.&emsp;Violation of civil rights

18 U.S.C. § 242 makes it a crime for anyone, acting under color of law, willfully to deprive any person of a right secured by the Constitution or laws of the United States. The government must prove three elements beyond a reasonable doubt to obtain a conviction under section 242:

First, the defendant deprived the person of an identified right, such as the right to due process of law, secured by the Constitution or laws of the United States.

Second, the defendant acted willfully, that is, the defendant committed such act or acts with a bad purpose to disobey or disregard the law, specifically intending to deprive the person of that right. To find that the defendant was acting willfully, it is not necessary for the government to prove that the defendant knew the specific constitutional provision or federal law that his or her conduct violated. But the defendant must have a specific intent to deprive the person of a right protected by the Constitution or federal law.