President cannot Obstruct Justice
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President cannot Obstruct Justice
Last edited by Guest on Mon Dec 18, 2017 1:14 am, edited 1 time in total.
Re: President cannot Obstruct Justice
WD, why did the house impeach Bill Clinton for obstruction of justice? Aren’t you the guy clamoring for consistency?
“The ideal subject of totalitarian rule is not the convinced Nazi or the dedicated communist, but people for whom the distinction between fact and fiction, true and false, no longer exists.”
― Hannah Arendt, The Origins of Totalitarianism, 1951
― Hannah Arendt, The Origins of Totalitarianism, 1951
Re: President cannot Obstruct Justice
https://www.washingtonpost.com/news/fac ... 3f56a273b5
What is ‘obstruction of justice’?
This is one of those provocative but murky terms that are used frequently. It generally refers to actions taken to impede an official investigation. Obstruction of justice is a felony offense.
There are several federal statutes that include relevant language that could qualify someone’s actions as obstruction of justice.
Under 18 U.S.C. 1505, a person has committed a federal offense when they “corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation in being had by either House, or any committee of either House or any joint committee of the Congress.”
The key word here is “corruptly.”
Lawfare blog notes that under federal statutes, “corruptly” is defined as “acting with an improper purpose, personally or by influencing another, including making a false or misleading statement, or withholding, concealing, altering, or destroying a document or other information.”
This means that in obstruction of justice cases, it’s not enough evidence to show someone intended to impede an investigation. There needs to be evidence that the person impeded corruptly — that they knew it was wrong but did it anyway, with corrupt intent. It’s about the mental state of the person.
What is ‘obstruction of justice’?
This is one of those provocative but murky terms that are used frequently. It generally refers to actions taken to impede an official investigation. Obstruction of justice is a felony offense.
There are several federal statutes that include relevant language that could qualify someone’s actions as obstruction of justice.
Under 18 U.S.C. 1505, a person has committed a federal offense when they “corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation in being had by either House, or any committee of either House or any joint committee of the Congress.”
The key word here is “corruptly.”
Lawfare blog notes that under federal statutes, “corruptly” is defined as “acting with an improper purpose, personally or by influencing another, including making a false or misleading statement, or withholding, concealing, altering, or destroying a document or other information.”
This means that in obstruction of justice cases, it’s not enough evidence to show someone intended to impede an investigation. There needs to be evidence that the person impeded corruptly — that they knew it was wrong but did it anyway, with corrupt intent. It’s about the mental state of the person.
Last edited by Guest on Mon Dec 04, 2017 5:30 pm, edited 2 times in total.
"God" is the original deus ex machina. --Maksutov
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Re: President cannot Obstruct Justice
Last edited by Guest on Mon Dec 18, 2017 1:14 am, edited 1 time in total.
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Re: President cannot Obstruct Justice
Last edited by Guest on Mon Dec 18, 2017 1:13 am, edited 1 time in total.
Re: President cannot Obstruct Justice
Water Dog wrote:Maksutov wrote:Didn't Nixon try this?
Nah. He quit cause he was skeered. And him doing so created this false perception/precedent that has never actually been tested. Time to test it me thinks.
Democrats were far more powerful in Congress then. Trump is forcing the R Congress into demonstrations of loyalty to him. We'll see if they want to reinvent themselves in his image.
"God" is the original deus ex machina. --Maksutov
Re: President cannot Obstruct Justice
Water Dog seems to want to live in a totalitarian state.
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Re: President cannot Obstruct Justice
This story is a blaring siren indicating his defense team doesn't think they can defend an obstruction charge. He's obviously guilty of that, so of course.
Re: President cannot Obstruct Justice
Water Dog wrote:Res Ipsa wrote:WD, why did the house impeach Bill Clinton for obstruction of justice? Aren’t you the guy clamoring for consistency?
Repeat what you just said several times. Why did WHO impeach Clinton?
Ooooo. First rate dodge!
You want to explain how this fits with your claim that all you want is a little consistency?
“The ideal subject of totalitarian rule is not the convinced Nazi or the dedicated communist, but people for whom the distinction between fact and fiction, true and false, no longer exists.”
― Hannah Arendt, The Origins of Totalitarianism, 1951
― Hannah Arendt, The Origins of Totalitarianism, 1951
Re: President cannot Obstruct Justice
Molok wrote:Water Dog seems to want to live in a totalitarian state.
Yup.
He seems quite happy with the idea that the President should be able to interfere with any criminal investigation he happens not to feel comfortable about. Just because he wants to. Even just because it might be against his purely private, even corrupt, interests. He'd actually like it to be that way, so long as it might help Trump survive.
Never mind what the Constitution says:
' ... [The President] shall take Care that the Laws be faithfully executed ... '
Where is that guy who used to do paintings of the Founding Fathers, Abraham Lincoln, and Jesus Christ all getting upset about something? I'd like to see what he might produce on this subject.
Zadok:
I did not have a faith crisis. I discovered that the Church was having a truth crisis.
Maksutov:
That's the problem with this supernatural stuff, it doesn't really solve anything. It's a placeholder for ignorance.
I did not have a faith crisis. I discovered that the Church was having a truth crisis.
Maksutov:
That's the problem with this supernatural stuff, it doesn't really solve anything. It's a placeholder for ignorance.