tstorm823 said:
Asita said:
To the latter paragraph, I believe we went over this on the first page of the thread. Obstruction of justice is a procedural crime that is not predicated on the existence of an underlying crime. It is entirely contained within the act of trying to illegally influence an investigation, regardless of the reason.
It's not predicated on the existence of an underlying crime, but that isn't this. You think Trump is guilty of obstructing justice because of comments he made about an investigation he cooperated with that couldn't indict him in the first place. It's not that he didn't obstruct justice because he wasn't guilty, it's that:
He didn't obstruct Mueller.
Mueller wasn't working to indict Trump.
You're now two connections away from Trump obstructing justice. Your case is only getting worse.
Ok, I'm seeing two points of disconnect here:
To the former, his success (or lack thereof) in obstructing Mueller is immaterial. The criteria for obstruction is met through making the attempt.
To the latter, whether or not Mueller was working to indict Trump is also immaterial. It wouldn't have even mattered if Trump was the subject of the investigation.
To explain this a bit further, the question of whether or not a given person is guilty of obstruction of justice is self contained in the question of whether or not they tried to illicitly influence the investigation. If someone willfully and knowingly tries to protect a suspect (eg, lying to investigators) or to hide from investigation of their own activities, they can be prosecuted for obstruction of justice. If they try to intimidate a witness, they can be prosecuted for obstruction of justice regardless of the witness's decision to testify. If they try to bribe someone to keep silent when queried by investigators, they can be prosecuted for obstruction of justice, regardless of whether or not their target even accepts the bribe, much less cooperates with investigators.
To be more direct, Obstruction of Justice is met through three criteria:
1) There was a pending federal judicial proceeding
2) The defendant knew of the proceeding
3) The defendant had corrupt intent to interfere with
or attempted to interfere with the proceeding.
It really is that simple.
Point of fact, the report actually lays out a good ten counts of obstruction of justice, but rather explicitly refrains from making the charge because of that selfsame policy.
Perhaps the most apt phrase I've been hearing thrown about with regards to this is that the report is a roadmap. Essentially "we can't charge him now due to extant policy, but when we can charge him, here's what you charge him with".
I don't think you understand what the situation is at all. It's not miracle powers that exempt a sitting president from prosecution. It's a policy within the department of justice because the department of justice is in the executive branch, run by the president. He could have fired Mueller at any point for any reason and it wouldn't be obstruction of justice because it's not the job of the executive branch to have oversight of itself. There's not a policy of "we can't charge him
yet", there's a policy of "
we can't charge him." If you want the president charged, that's what the impeachment process is for. Nobody in their right mind is going to push for impeachment based on disliking being investigated for 2 years.
...That's about as wrong as saying that it wouldn't be obstruction of justice for a judge to dismiss a case against themselves because dismissing cases is part of their job. Or for a sheriff to fire anyone who insisted on investigating charges that said sheriff was taking bribes. Or to borrow from fiction, I can again draw a parallel to the film Philadelphia, albeit not for the crime of obstruction. The long and short of this is that while Beckett's (Hanks) firm, as his employer, had the right to terminate his employment in a broad sense, firing him
because he had AIDS was still against the law. The reason behind the firing (or attempted firing) is the determinant factor, not whether or not they had the right to terminate employment under other circumstances.
On a more specific note, that's a bit of the pot calling the kettle black on your part, isn't it? The DoJ's standing policy not to indict a sitting president traces back to the a memo circulated in the Justice Department's Office of Legal Council in 1973, during the Watergate scandal, and reaffirmed in 2000. The stated rationale of the DoJ itself is that pressing charges against the president would be a constitutional violation of the separation of powers and undermine the capacity of the executive branch to execute its assigned functions. Point of fact, Mueller actually references this on page 213 of the report.
First, a traditional prosecution or declination decision entails a binary determination to initiate or decline a prosecution, but we determined not to make a traditional prosecutorial judgement. The Office of Legal Council (OLC) has issued an opinion finding that "the indictment or criminal prosecution of a sitting President would impermissibly undermine the capacity of the executive branch to perform its constitutionally assigned functions" in violation of "the constitutional separation of powers." Given the role of the Special Counsel as an attorney in the Department of Justice and the framework of the Special Counsel's regulations...this Office accepted OLC's legal conclusion for the purpose of exercising prosecutorial jurisdiction. And apart from OLC's constitutional view, we recognized that a federal criminal accusation against a sitting President would place burdens on the President's capacity to govern and potentially preempt constitutional processes for addressing Presidential misconduct.
Second, while the OLC opinion concludes that a sitting President may not be prosecuted, it recognizes that a criminal investigation during a President's term is permissible. The OLC opinion also recognizes that a President does not have immunity after he leaves office.
So, as I said, can't prosecute until he's out of office, whether through normal election process or impeachment.
And "based on disliking being investigated for 2 years"? To repeat what I said on page 2, "it's things like that that make me suspect that you are not as impartial as you believe yourself to be". Trying to convince the head of the FBI to bury the investigation into Michael Flynn and then firing said head for not playing ball doesn't even have anything to do with Trump being under investigation. And efforts to curtail an investigation, fire the prosecutor and then attempting to cover up that attempted firing, trying to influence testimony, trying to influence a jury...these go
well beyond "disliking being investigated". You are trying to handwave some very serious attempts to interfere with several criminal proceedings.