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Obstruction of Justice has two main components:

  1. The Alleger must prove that the Accused knowingly performed the obstructive act to affect an issue or matter before a US Governmental Agency.
  2. The Alleger must prove that the Accused acted in relation to or in contemplation of this aforementioned issue or matter.

As a passive defense, a person could do and say nothing and just hope that the Alleger does not have sufficient evidence to meet the burden of proof. As an active defense, a person could attack one or both of the prongs and try to prove the reverse. This would consist of either the Accused lacked of knowledge concerning the performance of the obstructive act, that he was not aware of the US Governmental issue or matter, or that his actions were wholly disconnected to the issue or matter.

Note: This is not legal advice nor does it create attorney client privilege. If you have been charged with Obstruction of Justice, please see a proper attorney to advise you.

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