- Mon Apr 29, 2019 10:13 pm
#115796
" You can not charge someone for obstruction when there is no underlying crime."-RealTool
Wrong again, dimwit. You must have attended the same match-book-cover law school that johnforbes pretends he attended.
"What is obstruction of justice? It refers to "interference with the orderly administration of law and justice," including "proceedings before departments, agencies, and committees." The relevant type in the Trump example is likely "obstruction of criminal investigations."
Three elements are generally required for a conviction on obstruction of justice: the existence of a pending federal judicial proceeding; the defendant’s knowledge of this proceeding; and the defendant’s corrupt intent to interfere with, or attempt to interfere with, the proceeding."
"You can obstruct justice even if a prosecutor ultimately finds you were not guilty of committing the crime that was the focus of the underlying investigation," said Miriam Baer, a professor at Brooklyn Law School. "Even if a prosecutor ultimately concluded that you weren’t guilty of crime X, that says nothing as to whether you thought that you might be indicted for crime X, or, for that matter, if you thought one of your friends of family members would be indicted for crime X."
"Eric Posner, a professor at the University of Chicago Law School, agreed that an obstruction prosecution could have been argued in this case.
"Suppose Trump knew that no crime had been committed but believed that the investigation would uncover politically or personally embarrassing information, or if he believed that the investigation would embarrass or implicate an ally, aide, or family member," Posner said. "Then interfering with the investigation is a crime. The reason is that the purpose of the investigation is to find the truth, and if people obstruct an investigation, then the investigation becomes more difficult, wasting government resources."
These actual lawyers are more believable than either of you clowns, Tool.