A more difficult question regarding the Omnibus Clause of [sections] 1503 for lower courts has been the question of what acts constitute "corrupt endeavors to obstruct the due administration of justice.
Despite the Supreme Court's ruling in Osborn, lower courts continued to struggle with the question of which acts are "corrupt endeavors to obstruct justice,"--especially regarding acts of perjury.
To provide a more predictable approach for determining which acts are "corrupt endeavors to obstruct the due administration of justice," the Third, Tenth and Eleventh Circuits developed a "nexus" requirement.
The Fifth and the Ninth Circuits have used a broader interpretation to determine which acts are "corrupt endeavors to obstruct the due administration of justice" under the Omnibus Clause.
68) Finally, the defendant must have the intent to obstruct, impede or prevent the interception.
100) Judge Aguilar was then convicted by a jury of one count of endeavoring to obstruct justice in violation of 18 U.
103) In overturning the [sections] 1503 conviction, the court held that Judge Aguilar did not endeavor to obstruct the due administration of justice when he lied to the FBI agents.
118) The third clause of the statute--the Omnibus Clause(119)--acts as a general catchall provision prohibiting persons from endeavoring to influence, obstruct or impede the due administration of justice.
124) The Pettibone Court also reasoned that a person must first have knowledge that his actions are likely to affect the judicial proceeding, otherwise, he lacks the necessary intent to obstruct justice.
127) To satisfy the nexus requirement, a person's endeavors to obstruct judicial proceedings must have a relationship in time, causation or logic with the judicial proceedings.
142) Next, the person committing the act must intend to obstruct, impede, or prevent such interception.
197) Moreover, it is immaterial whether the effort to obstruct a pending proceeding can actually be achieved.
203) Justice Scalia reasoned that a reasonable juror could have concluded that Judge Aguilar had corruptly endeavored to obstruct justice because Judge Aguilar made false statements to the FBI agents with the intent to obstruct the grand jury investigation.
206) The Court essentially read the phrase "endeavor to obstruct justice" out of the Omnibus Clause and replaced it with the phrase "efforts that have the natural and probable consequence of obstruction of justice.
208) The plain language used in the Omnibus Clause indicates that Congress intended to proscribe all efforts with the intent to obstruct justice whatever the potential success of the efforts used.