Does Section 1512 of the Criminal Code require a federal officer to be involved in investigating and prosecuting the crime?

MultiRegion, United States of America

The following excerpt is from Dhinsa v. Krueger, 917 F.3d 70 (2nd Cir. 2019):

We are unpersuaded. Dhinsa fails to recognize that 1512 s reference to "law enforcement officer[s]" encompasses not only the officials who investigate the case, but also those who prosecute it. See Fowler , 563 U.S. at 67576, 131 S.Ct. 2045 ( Section 1512"appl[ies] where it is plain that federal officers would have been involved in investigating and prosecuting the offense." (emphasis added) ); United States v. Snyder , 865 F.3d 490, 497 (7th Cir. 2017) ("[I]f the underlying crime ... would have been prosecuted in federal court, then it is reasonably likely that the witness would have spoken with a federal officer during the course of that prosecution."). The government may satisfy its burden, then, by showing that a victim was reasonably likely to have served as a witness in a federal criminal trial or otherwise to have communicated with a federal officer as the prosecution prepared its case.

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