Article 134, UCMJ. OBSTRUCTING JUSTICE

If you are under investigation, it is a good idea to avoid discussing the details of the investigation with any potential witnesses.  If you conduct your own investigation, you run the risk of being accused of obstructing justice.  When questioned by investigators, you should  invoke your right to remain silent and to speak with an attorney.  Contact an experienced military lawyer for help developing your defense and for dealing with investigators.

Elements.

(1) That the accused wrongfully did a certain act;

(2) That the accused did so in the case of a certain person against whom the accused had reason to believe there were or would be criminal proceedings pending;

(3) That the act was done with the intent to influence, impede, or otherwise obstruct the due administration of justice; and

(4) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a nature to bring discredit upon the armed forces.

Service members often don’t understand how violating this unfamiliar statute can endanger their careers or even their liberty. For more information on this offense including the maximum punishment, potential defenses, and a discussion of the strengths and weaknesses of the prosecution’s case, consult with an experienced military lawyer.