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re: Comey "He did not order me to let it go".... and that ends that.
Posted on 6/8/17 at 2:36 pm to VOLhalla
Posted on 6/8/17 at 2:36 pm to VOLhalla
The FBI investigation was included with three other investigations in the same allegation. The other three investigations are covered under 1505. In fact...let's stick with the Nixon case...since you dems love to bring this up so much lately.
This is dicta from the SCOTUS decision Nixon vs United States:
"the Executive Branch has exclusive authority and absolute discretion to decide whether to prosecute a case"
94 S.Ct. 3090 at 3100
But back to the FBI investigation issue. You don't have to believe me. Let me point you to the US attorney manual:
United States Attorney Criminal Resource Manual:
"However, investigations by the Federal Bureau of Investigation (FBI) are not section 1505 proceedings. United States v. Higgins, 511 F. Supp. 453, 455-56 (W.D. Ky. 1981); see also United States v. Scoratow, 137 F. Supp. 620, 621-22 (W.D. Pa. 1956) (FBI investigation is not a 18 U.S.C. § 1503 "proceeding"). But cf. 18 U.S.C. §§ 1510 and 1512(b)(3), (c)(2)."
You were saying?
This is dicta from the SCOTUS decision Nixon vs United States:
"the Executive Branch has exclusive authority and absolute discretion to decide whether to prosecute a case"
94 S.Ct. 3090 at 3100
But back to the FBI investigation issue. You don't have to believe me. Let me point you to the US attorney manual:
United States Attorney Criminal Resource Manual:
"However, investigations by the Federal Bureau of Investigation (FBI) are not section 1505 proceedings. United States v. Higgins, 511 F. Supp. 453, 455-56 (W.D. Ky. 1981); see also United States v. Scoratow, 137 F. Supp. 620, 621-22 (W.D. Pa. 1956) (FBI investigation is not a 18 U.S.C. § 1503 "proceeding"). But cf. 18 U.S.C. §§ 1510 and 1512(b)(3), (c)(2)."
You were saying?
This post was edited on 6/8/17 at 2:42 pm
2
Posted on 6/8/17 at 2:41 pm to BBONDS25
quote:
United States v. Higgins
Can we leave Clay out of this?
Posted on 6/8/17 at 2:46 pm to BBONDS25
Well, the presence of the counter-intelligence investigation actually complicates things and could open up 1505. There's also a grand-jury investigation of Flynn so any attempt to impede that could be an entirely different obstruction charge. I'll leave that debate up to attorneys with more time than me.
But ultimately whether what Trump did actually constitutes an obstruction charge doesn't matter. The President can't be charged with a crime and the only method of punishment - impeachment - is a political issue not a legal one. Congress needs to cite no statute to remove a President.
But ultimately whether what Trump did actually constitutes an obstruction charge doesn't matter. The President can't be charged with a crime and the only method of punishment - impeachment - is a political issue not a legal one. Congress needs to cite no statute to remove a President.
This post was edited on 6/8/17 at 2:47 pm
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