612
Opinion of Scalia, J.
But while it is quite proper to derive an intent requirement from § 1503's use of the word "endeavor," it is quite impossible to derive a "natural and probable consequence" requirement. One would be "endeavoring" to obstruct justice if he intentionally set out to do it by means that would only unnaturally and improbably be successful. As we said in Russell, "any effort or essay" corruptly to influence, obstruct, or impede the due administration of justice constitutes a forbidden endeavor, 255 U. S., at 143, even, as we held in Osborn, an effort that is incapable of having that effect, see 385 U. S., at 333.
The Court does not indicate where its "nexus" requirement is to be found in the words of the statute. Instead, it justifies its holding with the assertion that "[w]e have traditionally exercised restraint in assessing the reach of a federal criminal statute, both out of deference to the prerogatives of Congress and out of concern that a fair warning should be given . . . of what the law intends to do if a certain line is passed." Ante, at 600 (citation and internal quotation marks omitted). But "exercising restraint in assessing the reach of a federal criminal statute" (which is what the rule of lenity requires, see United States v. Bass, 404 U. S. 336, 347-348 (1971)) is quite different from importing extratextual requirements in order to limit the reach of a federal criminal statute, which is what the Court has done here. By limiting § 1503 to acts having the "natural and probable effect" of interfering with the due administration of justice, the Court effectively reads the word "endeavor," which we said in Russell embraced "any effort or essay" to obstruct justice, 255 U. S., at 143, out of the omnibus clause, leaving a prohibition of only actual obstruction and competent attempts.
does not impose a requirement of "natural and probable consequence," but approves a manner of proof of "intent." See, e. g., United States v. Neiswender, 590 F. 2d 1269, 1273 (CA4), cert. denied, 441 U. S. 963 (1979).
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