Certain kinds of statements may also constitute federal obstruction of justice, including (a) knowingly making materially false statements to federal agents, (b) making threatening or misleading statements that hinder, delay, or otherwise prevent communication to a federal agent about a federal crime, and (c) coordinating with one or more other persons to make the above types of statements.
Materially False Statements: First, it is a crime for an individual to “knowingly and willfully” make any “materially false statement” in a federal matter. 18 U.S.C. § 1001. A “material” statement is one that has “a natural tendency to influence, or [be] capable of influencing” a federal agency. This statute has been interpreted broadly, and at least one court has considered a simple false denial (e.g., saying “no”) to federal agents to be a material statement. However, some sort of statement is required to violate Section 1001; silence alone does not violate the statute and declining to answer a question is not a false statement.
Hindering Communication with Law Enforcement: It is illegal to use intimidation or threats, engage in “misleading conduct” toward another person, or “corruptly persuade” someone not to speak with federal agents, with intent to hinder, delay, or prevent information about a federal offense from reaching a federal officer. 18 U.S.C. § 1512(b)(3). Instructing another individual not to speak to or cooperate with federal agents may be considered obstruction of justice under this statute. However, simply informing someone that they are not obligated to speak with federal agents is likely not obstruction of justice.
Conspiracy: Individuals also may not conspire with one or more other persons to make a materially false statement or hinder communications with a law enforcement officer. See 18 U.S.C. § 371.
For election workers, this means that if a federal agent is at or near a polling place and asks a question related to a federal investigation or the agent’s work, knowingly giving the agent a false answer or coordinating with someone else to knowingly make false statements may constitute obstruction of justice. Election workers should also avoid instructing staff not to speak with agents, especially if those instructions are accompanied by pressure not to speak with agents.
Source: statesunited.org
