[jeffbee]

Yes but, again for clarification, for the specific infraction that is obstruction of justice there has to have been some possibility that the action taken or intended could have or did actually obstruct justice. There government must prove "a nexus between the defendant’s conduct and a particular official proceeding before a judge or court of the United States".

[bawolff]

Yes fair point, although i think in this case that would be pretty trivial to prove.