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Comey guilty of felony if he didn't report obstruction of justice

Posted on 5/16/17 at 11:32 pm
Posted by ChEgrad
Member since Nov 2012
3259 posts
Posted on 5/16/17 at 11:32 pm
Is Comey trapped?

LINK

I'm no lawyer, but the code seems clear.

Per 18 US Code 4:

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.
(June 25, 1948, ch. 645, 62 Stat. 684; Pub. L. 103–322, title XXXIII, §?330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)

Edit: Comey, not comedy in subject.
This post was edited on 5/16/17 at 11:50 pm
Posted by rsbd
banks of the Mississippi
Member since Jan 2007
22157 posts
Posted on 5/16/17 at 11:34 pm to
This is the government you are talking about.. People get murdered and nothing happens..
Posted by dkreller
Laffy
Member since Jan 2009
30262 posts
Posted on 5/16/17 at 11:36 pm to
Don't bother editing your subject if that's a typo.
Posted by EKG
Houston, TX
Member since Jun 2010
43977 posts
Posted on 5/16/17 at 11:39 pm to
This is what I saw more than one attorney reference today:
quote:

Obstruction requires what’s called “specific intent” to interfere with a criminal case. If Comey concluded, however, that Trump’s language was vague, ambiguous or elliptical, then he has no duty under the law to report it because it does not rise to the level of specific intent. Thus, no crime.

Trump may have been guilty of ignorance when it comes to knowing the inner workings of politics, but few would argue that he was hatching a plot to interfere with the FBI. He wanted the guys to go easy on Flynn.

Pretty sure he won't make that mistake again.
Posted by Old Hellen Yeller
New Orleans
Member since Jan 2014
9414 posts
Posted on 5/16/17 at 11:40 pm to
He can share a cell with Trump after the impeachment hearings.
Posted by FairhopeTider
Fairhope, Alabama
Member since May 2012
20758 posts
Posted on 5/16/17 at 11:42 pm to
Comey was playing 3D Chess.
Posted by Blizzard of Chizz
Member since Apr 2012
18965 posts
Posted on 5/16/17 at 11:46 pm to
The context of those conversations is everything. I don't think you can determine someone's intent from just a memo, unless they specifically wrote the memo themselves. Even that is open to interpretation though.
Posted by mmcgrath
Indianapolis
Member since Feb 2010
35361 posts
Posted on 5/16/17 at 11:48 pm to
quote:

Per 18 US Code 4:

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.
(June 25, 1948, ch. 645, 62 Stat. 684; Pub. L. 103–322, title XXXIII, §?330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)
Pretty sure that he did exactly this, if in fact he doesn't count as such an "authority" himself. He revealed it to FBI agents, just not any agents involved in the investigation directly.
Posted by skiptumahloo
Member since Mar 2017
714 posts
Posted on 5/16/17 at 11:49 pm to
Comey is a federal agent, he documented Trump's attempts to obstruct justice, and he informed others in the FBI about it.

Trump's campaign was being investigated. This was clearly going to become a part of that case at some point.

You're grasping at straws, and it's fricking pathetic. Just admit it. You don't care what Trump does. You like his rhetoric about muslims and immigrants, and so you don't care that he's going to do something insanely unethical on a weekly basis, because he's too incompetent to help himself.

Write to your congressman and tell him that. At this point, Trump really could murder someone in cold blood on 5th avenue, and I'm not sure the GOP would impeach him.

I guess the party did learn a lesson from Richard Nixon, unfortunately that lesson was, "If we're all as corrupt as Nixon, no one will be able to hold us accountable."
Posted by Blizzard of Chizz
Member since Apr 2012
18965 posts
Posted on 5/16/17 at 11:50 pm to
The person in authority over him would be the attorney general or the acting attorney general, not some underling agents at the FBI
Posted by VOLhalla
Knoxville
Member since Feb 2011
4390 posts
Posted on 5/16/17 at 11:53 pm to
The statute you quoted requires concealment. In order to prove that you'd have to show that Comey actively tried to cover up or hide what the President did. Not immediately reporting what the President said isn't concealment.
Posted by Tyrusrex
Member since Jul 2011
907 posts
Posted on 5/16/17 at 11:56 pm to
quote:

Pretty sure he won't make that mistake again.

wow, How many times do we have to watch Trump make a mistake before we just apply Occam's razor and just admit he's not up to the job?
Posted by EKG
Houston, TX
Member since Jun 2010
43977 posts
Posted on 5/16/17 at 11:58 pm to
You can characterize him however you choose.
But making a mistake isn't an impeachable offense.
Posted by ChEgrad
Member since Nov 2012
3259 posts
Posted on 5/17/17 at 12:00 am to
quote:

Comey is a federal agent, he documented Trump's attempts to obstruct justice, and he informed others in the FBI about it. Trump's campaign was being investigated. This was clearly going to become a part of that case at some point. You're grasping at straws, and it's fricking pathetic. Just admit it. You don't care what Trump does. You like his rhetoric about muslims and immigrants, and so you don't care that he's going to do something insanely unethical on a weekly basis, because he's too incompetent to help himself. Write to your congressman and tell him that. At this point, Trump really could murder someone in cold blood on 5th avenue, and I'm not sure the GOP would impeach him. I guess the party did learn a lesson from Richard Nixon, unfortunately that lesson was, "If we're all as corrupt as Nixon, no one will be able to hold us accountable."


Well, you are completely wrong. I care what he does and wish he would temper his reactions. I don't see evidence of obstruction of justice based on the one sentence reported. What I see is a concerted effort to manufacture issues by the media and the Democrats. Obama shared classified info with Russia and Cuba. No one cared. Clinton committed a crime, Comey didn't seek prosecution. So why would Trump think Flynn shouldn't be given the same benefit off doubt? Comey had already set the precedent. It was a conversation, not obstruction.
Posted by mmcgrath
Indianapolis
Member since Feb 2010
35361 posts
Posted on 5/17/17 at 12:02 am to
quote:

The person in authority over him would be the attorney general or the acting attorney general, not some underling agents at the FBI

The law doesn't say that it has to be shared with someone who has authority over him, just someone in authority.
Posted by ChEgrad
Member since Nov 2012
3259 posts
Posted on 5/17/17 at 12:08 am to
quote:

Pretty sure that he did exactly this, if in fact he doesn't count as such an "authority" himself. He revealed it to FBI agents, just not any agents involved in the investigation directly.


I'll admit, this may be true. We don't know yet who he told or when.
Posted by EKG
Houston, TX
Member since Jun 2010
43977 posts
Posted on 5/17/17 at 12:11 am to
It was reported today that anyone in Congress (I.e., Congressional oversight) would've been sufficient for Comey to chat up about any concerns he may have had.

If he thought back in February that something nefarious was going on, it would've been a piece of cake to report.

Democrats and the media can sharpen their pitchforks for the future, but this issue is a non-starter.
Posted by buckeye_vol
Member since Jul 2014
35236 posts
Posted on 5/17/17 at 12:16 am to
quote:

Clinton committed a crime, Comey didn't seek prosecution. So why would Trump think Flynn shouldn't be given the same benefit off doubt? Comey had already set the precedent
So one justification for Trump inappropriately requesting Flynn to be given some benefit of the doubt is Hillary, despite both Trump and Flynn famously leading chants of "lock her up?" Even odder, that "precedent" was the "official" reason for termination.
Posted by Blizzard of Chizz
Member since Apr 2012
18965 posts
Posted on 5/17/17 at 12:22 am to
quote:


The law doesn't say that it has to be shared with someone who has authority over him, just someone in authority.


He is the head of the FBI. An allegation of this nature against the president of the United States does not flow down the chain of command, it flows upward. A field agent is in no position of authority in relation to the head of the FBI, especially in this matter. Sending it up the chain of command means sending it to the attorney general. If he failed to do so, he either felt it didn't rise to the level of any sort of seriousness or he again wasn't doing his job.

I also find it pretty comical that the guy couldn't be bothered to take notes while Clinton was being interviewed about her private server, but feels the need to write detailed memos regarding his dinner experience with the POTUS.
Posted by UHTiger
Member since Jan 2007
5231 posts
Posted on 5/17/17 at 7:13 am to
It does not say anything about a "person over him." If you disagree, point out the language of the statute which forms the basis of your ignorance so we can continue to laugh
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