United States v. Aguilar, 515 U.S. 593, 23 (1995)

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Cite as: 515 U. S. 593 (1995)

Opinion of Scalia, J.

not apply to actions directed at witnesses. But the rule of ejusdem generis, which "limits general terms which follow specific ones to matters similar to those specified," Gooch v. United States, 297 U. S. 124, 128 (1936); accord, Harrison v. PPG Industries, Inc., 446 U. S. 578, 588 (1980), has no application here. Although something of a catchall, the omnibus clause is not a general or collective term following a list of specific items to which a particular statutory command is applicable (e. g., "fishing rods, nets, hooks, bobbers, sinkers, and other equipment"). Rather, it is one of the several distinct and independent prohibitions contained in § 1503 that share only the word "Whoever," which begins the statute, and the penalty provision which ends it. Indeed, given the already broad terms of the other clauses in § 1503, to limit the omnibus clause in the manner respondent urges would render it superfluous. See United States v. Howard, 569 F. 2d 1331, 1333 (CA5 1978).

Respondent next contends that because Congress in 1982

enacted a different statute, 18 U. S. C. § 1512, dealing with witness tampering, and simultaneously removed from § 1503 the provisions it had previously contained specifically addressing efforts to influence or injure witnesses, see Victim and Witness Protection Act of 1982, Pub. L. 97-291, 96 Stat. 1249-1250, 1253, his witness-related conduct is no longer punishable under the omnibus clause of § 1503. The 1982 amendment, however, did nothing to alter the omnibus clause, which by its terms encompasses corrupt "endeavors to influence, obstruct, or impede, the due administration of

United States commissioner or other committing magistrate, in the discharge of his duty, or injures any such grand or petit juror in his person or property on account of any verdict or indictment assented to by him, or on account of his being or having been such juror, or injures any such officer, commissioner, or other committing magistrate in his person or property on account of the performance of his official duties . . . shall be fined not more than $5,000 or imprisoned not more than five years, or both." 18 U. S. C. § 1503.

615

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