U.S. v. Reeves, 61 M.J. 108

First Principles: Constitutional Matters: Generally

1. the constitutional privilege against self-incrimination and the right to counsel are rights bestowed every witness

Core Criminal Law Subjects: Crimes: Art. 134 - Obstructing Justice Pre-2019 offenses

1. the administration of justice is not criminally obstructed by a witness exercising that witness’s constitutional privilege against self-incrimination and the right to counsel
2. without more, a person’s advice to another to invoke certain rights, where the advice given is honest and uncorrupt, should not as a matter of law sustain a conviction to obstruction of justice; however, that does not mean, as a matter of law, that reference to advice as constitutional, precludes consideration as to whether that advice was indeed constitutional in nature, uncorrupt, and thus protected conduct for the purposes of obstruction under Article 134
3. whether an accused’s conduct was wrongful and thus constituted obstruction of justice will turn on contextual factors presenting questions of fact for the members, including, among other things, the actor’s tone and manner of delivery; in those instances where the advice given is honest, uncorrupt, and disinterested, we agree that giving such advice is not wrongful; but one who advises, with a corrupt motive, that a witness exercise a constitutional right or privilege may obstruct the administration of justice; the lawful behavior of the person invoking the right cannot be used to protect the criminal behavior of the inducer; and this is the analytic approach taken by a majority of the federal circuits
4. as a matter of law, and under the circumstances of this case, an accused may be convicted of obstruction of justice by telling another not to speak to investigators and to seek counsel; the facts indicate that appellant was not a disinterested party; she was aware of the investigation into her conduct and that the person she advised to exercise her rights was a potential witness in that investigation; the nature and manner of her advice took her statements to the potential witness outside the zone of constitutional protection
5. a wrongful act is one done without legal justification or with some sinister purpose; advising a witness to exercise certain constitutional rights and privileges may be wrongful if accompanied by a corrupt motive to influence, impede, or otherwise obstruct the due administration of justice
6. where the record indicates that shortly after being apprised she was under investigation for her conduct with another servicemember, appellant began frequently calling that servicemember at her workplace and home to advise her not to talk to a defense counsel or to law enforcement personnel, a rational trier of fact might have found beyond a reasonable doubt that appellant’s statements were wrongful and indicative of an intent to dissuade the servicemember from cooperating with the recently initiated investigation; even if one accepts for the sake of argument that telling a witness not to speak to investigators is tantamount to advising a witness of that witness’s right to silence, the tone, frequency, and background of appellant’s calls raised legitimate questions of fact for the members regarding the wrongfulness and intent of the calls

Trial Stages: Appeals: Standards of Review, Burdens, etc.

1. evidence is legally sufficient if, considering the evidence in the light most favorable to the prosecution, a reasonable factfinder could have found all the essential elements of the crime beyond a reasonable doubt; every reasonable inference from the evidence of record is drawn in favor of the prosecution in resolving questions of legal sufficiency