In United States v. Kirst, --- F.4th ---, No. 20-30193 (9th Cir. 2022), the Court affirmed Forest Kirst’s conviction on two counts of obstructing a pending proceeding, in violation of 18 U.S.C. § 1505 in a case in which the National Transportation Safety Board (NTSB) investigated the crash of a small plane that Kirst piloted.
On appeal, Kirst argued that the NTSB’s accident investigation was not a pending “proceeding” within the meaning of § 1505, because the statute covers only proceedings where an agency has regulatory or adjudicative authority—authority that the NTSB lacks during an accident investigation.
The majority disagreed. It held that the NTSB’s investigation of Kirst’s plane crash was a “proceeding” within the meaning of § 1505. The majority explained, "[i]n conducting an investigation of an airplane crash, the NTSB has authority to issue subpoenas and to compel testimony under oath." And this "is enough" to render the investigation a "proceeding."
