In United States v. Aguilar, the U.S. Supreme Court foreclosed this scenario under the omnibus clause of 18 U.S.C. §1503, which makes it a crime to “endeavor[] to influence, obstruct, or impede, the due administration of justice.” The Court held that the law requires a “nexus” between an obstructive act and an official proceeding. “In other words, the endeavor must have the ‘natural and probable effect’ of interfering with the due administration of justice.”2
Since Aguilar, the nexus requirement has proved to be an important check on prosecutions brought under the federal obstruction statutes. In a number of high-profile cases before the Second Circuit, such as the sexual assault of Abner Louima,3 the murder of Sabatino Lombardi of the Genovese crime family,4 and the prosecution of Frank Quattrone,5 obstruction convictions have run afoul of the nexus requirement.
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