2aguy
Diamond Member
- Jul 19, 2014
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On the opinion page of the New York Times.......heard on the Dennis Prager show...
https://www.nytimes.com/2017/05/17/...s-are-not-an-obstruction-of-justice.html?_r=0
Section 1510 of Title 18 of the United States Code addresses obstruction of criminal investigations. It is a narrow statute, criminalizing only willful acts “by means of bribery” that have the effect of obstructing the communication of information about crimes to federal investigators. Even assuming Mr. Comey’s memo is accurate, there is no indication that President Trump willfully attempted to bribe the F.B.I. director. As the Supreme Court stated in United States v. Sun-Diamond Growers of California, “for bribery there must be a quid pro quo — a specific intent to give or receive something of value in exchange for an official act.”
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But even if one adopted an unprecedentedly broad conception of bribery, Mr. Trump’s purported statement still would not violate Section 1510. The statute is designed to preserve the free flow of information, prohibiting only acts that obstruct investigators’ access to information. Bribery of a potential witness, for example, is behavior prohibited by Section 1510. But telling the F.B.I. director that someone is a “good guy” and expressing the hope that an investigation will cease does not obstruct the free flow of information.
Another, broader federal obstruction statute is Section 1505 of Title 18, but even this statute does not fit. Specifically, Section 1505 declares that anyone who “corruptly” endeavors to obstruct the proper administration of law “under which any pending proceeding is being had before any department or agency of the United States” is guilty of a felony. Even putting aside the difficulty of proving, beyond a reasonable doubt, that President Trump’s brief and generalized words evinced the necessary “corrupt” mind-set, Section 1510 applies only to a “pending proceeding.”
In the almost 120 years since Section 1505 and its predecessor have been on the books, no court appears to have ever held that an ongoing F.B.I. investigation qualifies as a “pending proceeding” within the meaning of the statute. Instead, Section 1505 applies to court or court-like proceedings to enforce federal law. In addition to prosecutions (where charges have been filed with a court), such proceedings include actions of enforcement by federal agencies such as the Internal Revenue Service, Securities and Exchange Commission or National Labor Relations Board, in which the agency has broad powers not merely to investigate statutory violations, but also to enforce them via subpoena or other administrative proceedings.
https://www.nytimes.com/2017/05/17/...s-are-not-an-obstruction-of-justice.html?_r=0
Section 1510 of Title 18 of the United States Code addresses obstruction of criminal investigations. It is a narrow statute, criminalizing only willful acts “by means of bribery” that have the effect of obstructing the communication of information about crimes to federal investigators. Even assuming Mr. Comey’s memo is accurate, there is no indication that President Trump willfully attempted to bribe the F.B.I. director. As the Supreme Court stated in United States v. Sun-Diamond Growers of California, “for bribery there must be a quid pro quo — a specific intent to give or receive something of value in exchange for an official act.”
------
But even if one adopted an unprecedentedly broad conception of bribery, Mr. Trump’s purported statement still would not violate Section 1510. The statute is designed to preserve the free flow of information, prohibiting only acts that obstruct investigators’ access to information. Bribery of a potential witness, for example, is behavior prohibited by Section 1510. But telling the F.B.I. director that someone is a “good guy” and expressing the hope that an investigation will cease does not obstruct the free flow of information.
Another, broader federal obstruction statute is Section 1505 of Title 18, but even this statute does not fit. Specifically, Section 1505 declares that anyone who “corruptly” endeavors to obstruct the proper administration of law “under which any pending proceeding is being had before any department or agency of the United States” is guilty of a felony. Even putting aside the difficulty of proving, beyond a reasonable doubt, that President Trump’s brief and generalized words evinced the necessary “corrupt” mind-set, Section 1510 applies only to a “pending proceeding.”
In the almost 120 years since Section 1505 and its predecessor have been on the books, no court appears to have ever held that an ongoing F.B.I. investigation qualifies as a “pending proceeding” within the meaning of the statute. Instead, Section 1505 applies to court or court-like proceedings to enforce federal law. In addition to prosecutions (where charges have been filed with a court), such proceedings include actions of enforcement by federal agencies such as the Internal Revenue Service, Securities and Exchange Commission or National Labor Relations Board, in which the agency has broad powers not merely to investigate statutory violations, but also to enforce them via subpoena or other administrative proceedings.
