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Message
re: Conservative Think Tank: Trump ‘Obstructed Justice’ When He Fired Comey
Posted on 10/11/17 at 7:48 am to tigerinDC09
Posted on 10/11/17 at 7:48 am to tigerinDC09
quote:
Send me a link that describes how FBI investigations don't fall under the obstruction code, I will read.
You have Westlaw access? It's a pretty quick search if you do. I will see if I can get to it in a couple of minutes.
When I do post it, I expect an apology to the board to the President and a strong rebuke of this "airtight" white paper. That's fair, right?
2
Posted on 10/11/17 at 7:53 am to BBONDS25
Here is the case they reference:
quote:
Similarly, in U.S. v. Lustyik, a defendant was found guilty of obstructing justice under Sections 1503 and 1505 where he “used his status as an FBI agent” to try to stop a government investigation into his friend and business partner, Michael Taylor, by, among other things, “attempting to establish Taylor as a confidential source [and] contact[ing] multiple individuals connected with the [] investigation to dissuade them from indicting Taylor.”192
U.S. v. Lustyik is also instructive. There, an FBI agent was found guilty of obstruction of justice under Sections 1503 and 1505 where he “used his status as an FBI agent” to try to “derail” a government investigation.231
Posted on 10/11/17 at 7:57 am to BBONDS25
BBonds 25, I found a link about your theory:
LINK
quote:
The case law on obstruction of FBI investigations is sparse in part because the Bureau can charge crimes that are much easier to prove—§ 1001 for making false statements, for instance—and because key modalities of obstruction of FBI investigation are individually criminalized. It is, for example, a crime to tamper with witnesses, a crime to bribe a law enforcement officer, and a crime to destroy evidence.
So is Trump off the hook on obstruction? Hardly. For one thing, it’s not entirely clear that Higgins is correct. At least some scholars doubt that the 36-year-old district court case, whose reasoning seems counter to a number of circuit court decisions defining “proceeding,” is the best reading of the law.
LINK
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