Comey "commits" two crimes

[bripat9643]

He is under no obligation to report anything to the the JD

WRONG! The law is the law and he is required to by the law.. Failing to report this at the time of incident (or shortly thereafter) is a crime. So he either perjured himself or he broke the law... Which is it?

The law is the law.

Do you actually know the law in question, or did you just hear someone on the radio tell you what the law is?

Comey is required, by federal statute, to report any 'interference in' or 'request to stop' an ongoing investigation to his superiors. Those superiors would be the DOJ chief or his assistant.

https://fas.org/sgp/crs/misc/RL34303.pdf


"Obstruction by Intimidation, Threats, Persuasion, or Deception (18 U.S.C. 1512(b) The second group of offenses within §1512 outlaws obstruction of federal congressional, judicial, or administrative activities by intimidation, threat, corrupt persuasion, or deception, 18 U.S.C. 1512(b). Parsed to its elements, subsection 1512(b) provides that: I. Whoever II. knowingly A. uses intimidation B. threatens, or C. corruptly persuades another person, or D. attempts to do so, or E. 1. engages in misleading conduct60 2. toward another person, III. with intent to A. 1. a. influence, b. delay, orc. prevent 2. the testimony of any person 3. in an official proceeding,61 or B. cause or induce any person to 1. a. i. withhold testimony, or ii. withhold a (I) record, (II) document, or (III) other object, b. from an official proceeding, or 2. a. i. alter, ii. destroy, iii. mutilate, or iv. conceal b. an object c. with intent to impair d. the object’s i. integrity or ii. availability for use e. in an official proceeding, or 3. a. evade b. legal process c. summoning that person i. to appear as a witness, or ii. to produce a (I) record, (II) document, or (III) other object, iii. in an official proceeding, i.e., a (I) federal court proceeding, (II) federal grand jury proceeding, (III) Congressional proceeding, (IV) federal agency proceeding, or (V) proceeding involving the insurance business; or 4. a. be absent b. from an official proceeding, c. to which such person has been summoned by legal process; or C. 1. a. hinder, b. delay, or c. prevent 2. the communication to a a. federal judge or b. federal law enforcement officer62 3. of information relating to the a. commission or b. possible commission of a 4. a. federal offense or b. [a] violation of conditions of i. probation, ii. supervisor release, iii. parole, or iv. release pending judicial proceedings; shall be fined under this title or imprisoned not more than 20 years, or both.63 In more general terms, subsection 1512(b) bans (1) knowingly, (2) using one of the prohibited forms of persuasion (intimidation, threat, misleading or corrupt persuasion), (3)(a) with the intent to prevent a witness’s testimony or physical evidence from being truthfully presented at official federal proceedings or (b) with the intent to prevent a witness from cooperating with authorities in a matter relating to a federal offense.64 It also bans any attempt to so intimidate, threaten, or corruptly persuade. 65 The term “corruptly” in the phrase “corruptly persuades” as it appears in subsection 1512(b) has been found to refer to the manner of persuasion,66 the motive for persuasion,67 and the manner of obstruction.68"

Then we have departmental regulations which implicitly directs what shall be done..

You're certainly making a strong case that Trump is guilty of Obstruction - but there's nothing in there that says the Director of the FBI has to report anything to his "superiors".

LOL.. having problems with the Law are we?

Lets play a game...

You are the director of the FBI.. The POTUS makes a demand that you are to stop and investigation into a friend and odes it in a way that you feel threatened...

You now have two choices by statute.

1. You did not perceive it was a threat and do nothing. You might make notes about what was said but you take no actions.

Or

2. You inform the persons who are in legal authority above you who can investigate and prosecute.

IF you do 1 then you have no standing to come back at a later date, after your a fired disgruntled employee, to revisit it and claim you were then threatened. (this is why time is of the essence). You also do not go to congress and inform them and tell them you did not perceive this as an order or threat.

No, it's you who are having some problems with the law.

There is no law that requires Comey to report to anyone "above" him. The law you're looking for (18 USC 4) reads as follows:

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.

As FBI director, Comey was a "person in civil or military authority". There's nothing in that law that requires him to take it to his "superiors".

You can't report a crime to yourself, numskull.

 

[theDoctorisIn]

The law is the law.

Do you actually know the law in question, or did you just hear someone on the radio tell you what the law is?

Comey is required, by federal statute, to report any 'interference in' or 'request to stop' an ongoing investigation to his superiors. Those superiors would be the DOJ chief or his assistant.

https://fas.org/sgp/crs/misc/RL34303.pdf


"Obstruction by Intimidation, Threats, Persuasion, or Deception (18 U.S.C. 1512(b) The second group of offenses within §1512 outlaws obstruction of federal congressional, judicial, or administrative activities by intimidation, threat, corrupt persuasion, or deception, 18 U.S.C. 1512(b). Parsed to its elements, subsection 1512(b) provides that: I. Whoever II. knowingly A. uses intimidation B. threatens, or C. corruptly persuades another person, or D. attempts to do so, or E. 1. engages in misleading conduct60 2. toward another person, III. with intent to A. 1. a. influence, b. delay, orc. prevent 2. the testimony of any person 3. in an official proceeding,61 or B. cause or induce any person to 1. a. i. withhold testimony, or ii. withhold a (I) record, (II) document, or (III) other object, b. from an official proceeding, or 2. a. i. alter, ii. destroy, iii. mutilate, or iv. conceal b. an object c. with intent to impair d. the object’s i. integrity or ii. availability for use e. in an official proceeding, or 3. a. evade b. legal process c. summoning that person i. to appear as a witness, or ii. to produce a (I) record, (II) document, or (III) other object, iii. in an official proceeding, i.e., a (I) federal court proceeding, (II) federal grand jury proceeding, (III) Congressional proceeding, (IV) federal agency proceeding, or (V) proceeding involving the insurance business; or 4. a. be absent b. from an official proceeding, c. to which such person has been summoned by legal process; or C. 1. a. hinder, b. delay, or c. prevent 2. the communication to a a. federal judge or b. federal law enforcement officer62 3. of information relating to the a. commission or b. possible commission of a 4. a. federal offense or b. [a] violation of conditions of i. probation, ii. supervisor release, iii. parole, or iv. release pending judicial proceedings; shall be fined under this title or imprisoned not more than 20 years, or both.63 In more general terms, subsection 1512(b) bans (1) knowingly, (2) using one of the prohibited forms of persuasion (intimidation, threat, misleading or corrupt persuasion), (3)(a) with the intent to prevent a witness’s testimony or physical evidence from being truthfully presented at official federal proceedings or (b) with the intent to prevent a witness from cooperating with authorities in a matter relating to a federal offense.64 It also bans any attempt to so intimidate, threaten, or corruptly persuade. 65 The term “corruptly” in the phrase “corruptly persuades” as it appears in subsection 1512(b) has been found to refer to the manner of persuasion,66 the motive for persuasion,67 and the manner of obstruction.68"

Then we have departmental regulations which implicitly directs what shall be done..

You're certainly making a strong case that Trump is guilty of Obstruction - but there's nothing in there that says the Director of the FBI has to report anything to his "superiors".

LOL.. having problems with the Law are we?

Lets play a game...

You are the director of the FBI.. The POTUS makes a demand that you are to stop and investigation into a friend and odes it in a way that you feel threatened...

You now have two choices by statute.

1. You did not perceive it was a threat and do nothing. You might make notes about what was said but you take no actions.

Or

2. You inform the persons who are in legal authority above you who can investigate and prosecute.

IF you do 1 then you have no standing to come back at a later date, after your a fired disgruntled employee, to revisit it and claim you were then threatened. (this is why time is of the essence). You also do not go to congress and inform them and tell them you did not perceive this as an order or threat.

No, it's you who are having some problems with the law.

There is no law that requires Comey to report to anyone "above" him. The law you're looking for (18 USC 4) reads as follows:

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.

As FBI director, Comey was a "person in civil or military authority". There's nothing in that law that requires him to take it to his "superiors".

You can't report a crime to yourself, numskull.

What makes you think he didn't inform anyone in the FBI?

 

[bripat9643]

If we're supposed to believe Trump instructed Comey to end the investigation, then Comey committed two crimes.

First he failed to report this to the justice department. Second he committed perjury to Congress. Both serious offenses. What's amazing to me is, doesn't an FBI head know the fucking law? Geez, he was an administrator.

Or the "memo" is a bunch of BS. Either fabricated or out of context?

Breaking: Comey Caught Committing Perjury to Congress?

If you examine what Comey said, it was an answer to a hypothetical question regarding the JD shutting down an FBI investigation. There was no mention of Trump. Check the transcript of the hearing. Secondly, the Director is an agent of the FBI. He is under no obligation to report anything to the the JD other than a recommendation to prosecute when the investigation concludes. He is responsible for conducting the investigation which is on going. The JD is responsible for prosecuting.

He is under no obligation to report anything to the the JD

WRONG! The law is the law and he is required to by the law.. Failing to report this at the time of incident (or shortly thereafter) is a crime. So he either perjured himself or he broke the law... Which is it?

You seem to forget, Comey is law enforcement, he is responsible for the investigation. He did document the conversation. You don't report a crime to the justice department, you reported it to the law enforcement agency which is the FBI which he apparently did via his memo.

His memo to who? He's required to report it to the DOJ, numskull, not write a memo to himself.

Since the FBI is part of DOJ, reporting to the FBI is reporting to the DOJ. However, since you don't know to who the memo was addressed or where copies were sent, you can/t say he didn't report it because at this time you don't know. After Memorial Day, Comey will testify. The contents of memo and to who it was sent should be known. Till then it's speculation.

I'll repeat the answer I gave to theDoctorIsIn: You can't report a crime to yourself.

 

[radical right]

If we're supposed to believe Trump instructed Comey to end the investigation, then Comey committed two crimes.

First he failed to report this to the justice department. Second he committed perjury to Congress. Both serious offenses. What's amazing to me is, doesn't an FBI head know the fucking law? Geez, he was an administrator.

Or the "memo" is a bunch of BS. Either fabricated or out of context?

Breaking: Comey Caught Committing Perjury to Congress?

What Trump said is not clearly a crime. It is evidence of a possible crime that should be reported which Comey did.

Remember Comey was also at the heart of the warantless wiretapping controversy, where Bush sent Alberto Gonzalez to John Ashcrofts hospital room, to get him to sign off on the wiretaps, while he was under heavy medication. Well Comey was there to keep Gonzales from coercing Ashcroft into signing off on the illegal program, and he prevailed.

 

[bripat9643]

Comey is required, by federal statute, to report any 'interference in' or 'request to stop' an ongoing investigation to his superiors. Those superiors would be the DOJ chief or his assistant.

https://fas.org/sgp/crs/misc/RL34303.pdf


"Obstruction by Intimidation, Threats, Persuasion, or Deception (18 U.S.C. 1512(b) The second group of offenses within §1512 outlaws obstruction of federal congressional, judicial, or administrative activities by intimidation, threat, corrupt persuasion, or deception, 18 U.S.C. 1512(b). Parsed to its elements, subsection 1512(b) provides that: I. Whoever II. knowingly A. uses intimidation B. threatens, or C. corruptly persuades another person, or D. attempts to do so, or E. 1. engages in misleading conduct60 2. toward another person, III. with intent to A. 1. a. influence, b. delay, orc. prevent 2. the testimony of any person 3. in an official proceeding,61 or B. cause or induce any person to 1. a. i. withhold testimony, or ii. withhold a (I) record, (II) document, or (III) other object, b. from an official proceeding, or 2. a. i. alter, ii. destroy, iii. mutilate, or iv. conceal b. an object c. with intent to impair d. the object’s i. integrity or ii. availability for use e. in an official proceeding, or 3. a. evade b. legal process c. summoning that person i. to appear as a witness, or ii. to produce a (I) record, (II) document, or (III) other object, iii. in an official proceeding, i.e., a (I) federal court proceeding, (II) federal grand jury proceeding, (III) Congressional proceeding, (IV) federal agency proceeding, or (V) proceeding involving the insurance business; or 4. a. be absent b. from an official proceeding, c. to which such person has been summoned by legal process; or C. 1. a. hinder, b. delay, or c. prevent 2. the communication to a a. federal judge or b. federal law enforcement officer62 3. of information relating to the a. commission or b. possible commission of a 4. a. federal offense or b. [a] violation of conditions of i. probation, ii. supervisor release, iii. parole, or iv. release pending judicial proceedings; shall be fined under this title or imprisoned not more than 20 years, or both.63 In more general terms, subsection 1512(b) bans (1) knowingly, (2) using one of the prohibited forms of persuasion (intimidation, threat, misleading or corrupt persuasion), (3)(a) with the intent to prevent a witness’s testimony or physical evidence from being truthfully presented at official federal proceedings or (b) with the intent to prevent a witness from cooperating with authorities in a matter relating to a federal offense.64 It also bans any attempt to so intimidate, threaten, or corruptly persuade. 65 The term “corruptly” in the phrase “corruptly persuades” as it appears in subsection 1512(b) has been found to refer to the manner of persuasion,66 the motive for persuasion,67 and the manner of obstruction.68"

Then we have departmental regulations which implicitly directs what shall be done..

You're certainly making a strong case that Trump is guilty of Obstruction - but there's nothing in there that says the Director of the FBI has to report anything to his "superiors".

LOL.. having problems with the Law are we?

Lets play a game...

You are the director of the FBI.. The POTUS makes a demand that you are to stop and investigation into a friend and odes it in a way that you feel threatened...

You now have two choices by statute.

1. You did not perceive it was a threat and do nothing. You might make notes about what was said but you take no actions.

Or

2. You inform the persons who are in legal authority above you who can investigate and prosecute.

IF you do 1 then you have no standing to come back at a later date, after your a fired disgruntled employee, to revisit it and claim you were then threatened. (this is why time is of the essence). You also do not go to congress and inform them and tell them you did not perceive this as an order or threat.

No, it's you who are having some problems with the law.

There is no law that requires Comey to report to anyone "above" him. The law you're looking for (18 USC 4) reads as follows:

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.

As FBI director, Comey was a "person in civil or military authority". There's nothing in that law that requires him to take it to his "superiors".

You can't report a crime to yourself, numskull.

What makes you think he didn't inform anyone in the FBI?

There would be an official record of it.

 

[Billy_Bob]

He is under no obligation to report anything to the the JD

WRONG! The law is the law and he is required to by the law.. Failing to report this at the time of incident (or shortly thereafter) is a crime. So he either perjured himself or he broke the law... Which is it?

The law is the law.

Do you actually know the law in question, or did you just hear someone on the radio tell you what the law is?

Comey is required, by federal statute, to report any 'interference in' or 'request to stop' an ongoing investigation to his superiors. Those superiors would be the DOJ chief or his assistant.

https://fas.org/sgp/crs/misc/RL34303.pdf


"Obstruction by Intimidation, Threats, Persuasion, or Deception (18 U.S.C. 1512(b) The second group of offenses within §1512 outlaws obstruction of federal congressional, judicial, or administrative activities by intimidation, threat, corrupt persuasion, or deception, 18 U.S.C. 1512(b). Parsed to its elements, subsection 1512(b) provides that: I. Whoever II. knowingly A. uses intimidation B. threatens, or C. corruptly persuades another person, or D. attempts to do so, or E. 1. engages in misleading conduct60 2. toward another person, III. with intent to A. 1. a. influence, b. delay, orc. prevent 2. the testimony of any person 3. in an official proceeding,61 or B. cause or induce any person to 1. a. i. withhold testimony, or ii. withhold a (I) record, (II) document, or (III) other object, b. from an official proceeding, or 2. a. i. alter, ii. destroy, iii. mutilate, or iv. conceal b. an object c. with intent to impair d. the object’s i. integrity or ii. availability for use e. in an official proceeding, or 3. a. evade b. legal process c. summoning that person i. to appear as a witness, or ii. to produce a (I) record, (II) document, or (III) other object, iii. in an official proceeding, i.e., a (I) federal court proceeding, (II) federal grand jury proceeding, (III) Congressional proceeding, (IV) federal agency proceeding, or (V) proceeding involving the insurance business; or 4. a. be absent b. from an official proceeding, c. to which such person has been summoned by legal process; or C. 1. a. hinder, b. delay, or c. prevent 2. the communication to a a. federal judge or b. federal law enforcement officer62 3. of information relating to the a. commission or b. possible commission of a 4. a. federal offense or b. [a] violation of conditions of i. probation, ii. supervisor release, iii. parole, or iv. release pending judicial proceedings; shall be fined under this title or imprisoned not more than 20 years, or both.63 In more general terms, subsection 1512(b) bans (1) knowingly, (2) using one of the prohibited forms of persuasion (intimidation, threat, misleading or corrupt persuasion), (3)(a) with the intent to prevent a witness’s testimony or physical evidence from being truthfully presented at official federal proceedings or (b) with the intent to prevent a witness from cooperating with authorities in a matter relating to a federal offense.64 It also bans any attempt to so intimidate, threaten, or corruptly persuade. 65 The term “corruptly” in the phrase “corruptly persuades” as it appears in subsection 1512(b) has been found to refer to the manner of persuasion,66 the motive for persuasion,67 and the manner of obstruction.68"

Then we have departmental regulations which implicitly directs what shall be done..

You're certainly making a strong case that Trump is guilty of Obstruction - but there's nothing in there that says the Director of the FBI has to report anything to his "superiors".

LOL.. having problems with the Law are we?

Lets play a game...

You are the director of the FBI.. The POTUS makes a demand that you are to stop and investigation into a friend and odes it in a way that you feel threatened...

You now have two choices by statute.

1. You did not perceive it was a threat and do nothing. You might make notes about what was said but you take no actions.

Or

2. You inform the persons who are in legal authority above you who can investigate and prosecute.

IF you do 1 then you have no standing to come back at a later date, after your a fired disgruntled employee, to revisit it and claim you were then threatened. (this is why time is of the essence). You also do not go to congress and inform them and tell them you did not perceive this as an order or threat.

No, it's you who are having some problems with the law.

There is no law that requires Comey to report to anyone "above" him. The law you're looking for (18 USC 4) reads as follows:

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.

As FBI director, Comey was a "person in civil or military authority". There's nothing in that law that requires him to take it to his "superiors".

Tell me... WHO has authority to prosecute and investigate this? Only the DOJ has that authority..

You really are having a hard time with this..

 

[theDoctorisIn]

You're certainly making a strong case that Trump is guilty of Obstruction - but there's nothing in there that says the Director of the FBI has to report anything to his "superiors".

LOL.. having problems with the Law are we?

Lets play a game...

You are the director of the FBI.. The POTUS makes a demand that you are to stop and investigation into a friend and odes it in a way that you feel threatened...

You now have two choices by statute.

1. You did not perceive it was a threat and do nothing. You might make notes about what was said but you take no actions.

Or

2. You inform the persons who are in legal authority above you who can investigate and prosecute.

IF you do 1 then you have no standing to come back at a later date, after your a fired disgruntled employee, to revisit it and claim you were then threatened. (this is why time is of the essence). You also do not go to congress and inform them and tell them you did not perceive this as an order or threat.

No, it's you who are having some problems with the law.

There is no law that requires Comey to report to anyone "above" him. The law you're looking for (18 USC 4) reads as follows:

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.

As FBI director, Comey was a "person in civil or military authority". There's nothing in that law that requires him to take it to his "superiors".

You can't report a crime to yourself, numskull.

What makes you think he didn't inform anyone in the FBI?

There would be an official record of it.

What makes you think there isn't one?

 

[theDoctorisIn]

The law is the law.

Do you actually know the law in question, or did you just hear someone on the radio tell you what the law is?

Comey is required, by federal statute, to report any 'interference in' or 'request to stop' an ongoing investigation to his superiors. Those superiors would be the DOJ chief or his assistant.

https://fas.org/sgp/crs/misc/RL34303.pdf


"Obstruction by Intimidation, Threats, Persuasion, or Deception (18 U.S.C. 1512(b) The second group of offenses within §1512 outlaws obstruction of federal congressional, judicial, or administrative activities by intimidation, threat, corrupt persuasion, or deception, 18 U.S.C. 1512(b). Parsed to its elements, subsection 1512(b) provides that: I. Whoever II. knowingly A. uses intimidation B. threatens, or C. corruptly persuades another person, or D. attempts to do so, or E. 1. engages in misleading conduct60 2. toward another person, III. with intent to A. 1. a. influence, b. delay, orc. prevent 2. the testimony of any person 3. in an official proceeding,61 or B. cause or induce any person to 1. a. i. withhold testimony, or ii. withhold a (I) record, (II) document, or (III) other object, b. from an official proceeding, or 2. a. i. alter, ii. destroy, iii. mutilate, or iv. conceal b. an object c. with intent to impair d. the object’s i. integrity or ii. availability for use e. in an official proceeding, or 3. a. evade b. legal process c. summoning that person i. to appear as a witness, or ii. to produce a (I) record, (II) document, or (III) other object, iii. in an official proceeding, i.e., a (I) federal court proceeding, (II) federal grand jury proceeding, (III) Congressional proceeding, (IV) federal agency proceeding, or (V) proceeding involving the insurance business; or 4. a. be absent b. from an official proceeding, c. to which such person has been summoned by legal process; or C. 1. a. hinder, b. delay, or c. prevent 2. the communication to a a. federal judge or b. federal law enforcement officer62 3. of information relating to the a. commission or b. possible commission of a 4. a. federal offense or b. [a] violation of conditions of i. probation, ii. supervisor release, iii. parole, or iv. release pending judicial proceedings; shall be fined under this title or imprisoned not more than 20 years, or both.63 In more general terms, subsection 1512(b) bans (1) knowingly, (2) using one of the prohibited forms of persuasion (intimidation, threat, misleading or corrupt persuasion), (3)(a) with the intent to prevent a witness’s testimony or physical evidence from being truthfully presented at official federal proceedings or (b) with the intent to prevent a witness from cooperating with authorities in a matter relating to a federal offense.64 It also bans any attempt to so intimidate, threaten, or corruptly persuade. 65 The term “corruptly” in the phrase “corruptly persuades” as it appears in subsection 1512(b) has been found to refer to the manner of persuasion,66 the motive for persuasion,67 and the manner of obstruction.68"

Then we have departmental regulations which implicitly directs what shall be done..

You're certainly making a strong case that Trump is guilty of Obstruction - but there's nothing in there that says the Director of the FBI has to report anything to his "superiors".

LOL.. having problems with the Law are we?

Lets play a game...

You are the director of the FBI.. The POTUS makes a demand that you are to stop and investigation into a friend and odes it in a way that you feel threatened...

You now have two choices by statute.

1. You did not perceive it was a threat and do nothing. You might make notes about what was said but you take no actions.

Or

2. You inform the persons who are in legal authority above you who can investigate and prosecute.

IF you do 1 then you have no standing to come back at a later date, after your a fired disgruntled employee, to revisit it and claim you were then threatened. (this is why time is of the essence). You also do not go to congress and inform them and tell them you did not perceive this as an order or threat.

No, it's you who are having some problems with the law.

There is no law that requires Comey to report to anyone "above" him. The law you're looking for (18 USC 4) reads as follows:

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.

As FBI director, Comey was a "person in civil or military authority". There's nothing in that law that requires him to take it to his "superiors".

Tell me... WHO has authority to prosecute and investigate this? Only the DOJ has that authority..

You really are having a hard time with this..

The FBI has the authority to investigate this.

 

[radical right]

Or

2. You inform the persons who are in legal authority above you who can investigate and prosecute.

You omitted 3. You document it (write a memo) and inform persons who are in legal authority at the FBI below you, who can investigate and prosecute.

 

[Wyatt earp]

Comey is required, by federal statute, to report any 'interference in' or 'request to stop' an ongoing investigation to his superiors. Those superiors would be the DOJ chief or his assistant.

https://fas.org/sgp/crs/misc/RL34303.pdf


"Obstruction by Intimidation, Threats, Persuasion, or Deception (18 U.S.C. 1512(b) The second group of offenses within §1512 outlaws obstruction of federal congressional, judicial, or administrative activities by intimidation, threat, corrupt persuasion, or deception, 18 U.S.C. 1512(b). Parsed to its elements, subsection 1512(b) provides that: I. Whoever II. knowingly A. uses intimidation B. threatens, or C. corruptly persuades another person, or D. attempts to do so, or E. 1. engages in misleading conduct60 2. toward another person, III. with intent to A. 1. a. influence, b. delay, orc. prevent 2. the testimony of any person 3. in an official proceeding,61 or B. cause or induce any person to 1. a. i. withhold testimony, or ii. withhold a (I) record, (II) document, or (III) other object, b. from an official proceeding, or 2. a. i. alter, ii. destroy, iii. mutilate, or iv. conceal b. an object c. with intent to impair d. the object’s i. integrity or ii. availability for use e. in an official proceeding, or 3. a. evade b. legal process c. summoning that person i. to appear as a witness, or ii. to produce a (I) record, (II) document, or (III) other object, iii. in an official proceeding, i.e., a (I) federal court proceeding, (II) federal grand jury proceeding, (III) Congressional proceeding, (IV) federal agency proceeding, or (V) proceeding involving the insurance business; or 4. a. be absent b. from an official proceeding, c. to which such person has been summoned by legal process; or C. 1. a. hinder, b. delay, or c. prevent 2. the communication to a a. federal judge or b. federal law enforcement officer62 3. of information relating to the a. commission or b. possible commission of a 4. a. federal offense or b. [a] violation of conditions of i. probation, ii. supervisor release, iii. parole, or iv. release pending judicial proceedings; shall be fined under this title or imprisoned not more than 20 years, or both.63 In more general terms, subsection 1512(b) bans (1) knowingly, (2) using one of the prohibited forms of persuasion (intimidation, threat, misleading or corrupt persuasion), (3)(a) with the intent to prevent a witness’s testimony or physical evidence from being truthfully presented at official federal proceedings or (b) with the intent to prevent a witness from cooperating with authorities in a matter relating to a federal offense.64 It also bans any attempt to so intimidate, threaten, or corruptly persuade. 65 The term “corruptly” in the phrase “corruptly persuades” as it appears in subsection 1512(b) has been found to refer to the manner of persuasion,66 the motive for persuasion,67 and the manner of obstruction.68"

Then we have departmental regulations which implicitly directs what shall be done..

You're certainly making a strong case that Trump is guilty of Obstruction - but there's nothing in there that says the Director of the FBI has to report anything to his "superiors".

LOL.. having problems with the Law are we?

Lets play a game...

You are the director of the FBI.. The POTUS makes a demand that you are to stop and investigation into a friend and odes it in a way that you feel threatened...

You now have two choices by statute.

1. You did not perceive it was a threat and do nothing. You might make notes about what was said but you take no actions.

Or

2. You inform the persons who are in legal authority above you who can investigate and prosecute.

IF you do 1 then you have no standing to come back at a later date, after your a fired disgruntled employee, to revisit it and claim you were then threatened. (this is why time is of the essence). You also do not go to congress and inform them and tell them you did not perceive this as an order or threat.

No, it's you who are having some problems with the law.

There is no law that requires Comey to report to anyone "above" him. The law you're looking for (18 USC 4) reads as follows:

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.

As FBI director, Comey was a "person in civil or military authority". There's nothing in that law that requires him to take it to his "superiors".

You can't report a crime to yourself, numskull.

What makes you think he didn't inform anyone in the FBI?

Let's check comeys memos.....

.

 

[radical right]

I'll repeat the answer I gave to theDoctorIsIn: You can't report a crime to yourself.

It's just like patent or copy-write protection, by sending a copy to yourself by registered mail.

 

[Billy_Bob]

If we're supposed to believe Trump instructed Comey to end the investigation, then Comey committed two crimes.

First he failed to report this to the justice department. Second he committed perjury to Congress. Both serious offenses. What's amazing to me is, doesn't an FBI head know the fucking law? Geez, he was an administrator.

Or the "memo" is a bunch of BS. Either fabricated or out of context?

Breaking: Comey Caught Committing Perjury to Congress?

If you examine what Comey said, it was an answer to a hypothetical question regarding the JD shutting down an FBI investigation. There was no mention of Trump. Check the transcript of the hearing. Secondly, the Director is an agent of the FBI. He is under no obligation to report anything to the the JD other than a recommendation to prosecute when the investigation concludes. He is responsible for conducting the investigation which is on going. The JD is responsible for prosecuting.

He is under no obligation to report anything to the the JD

WRONG! The law is the law and he is required to by the law.. Failing to report this at the time of incident (or shortly thereafter) is a crime. So he either perjured himself or he broke the law... Which is it?

You seem to forget, Comey is law enforcement, he is responsible for the investigation. He did document the conversation. You don't report a crime to the justice department, you reported it to the law enforcement agency which is the FBI which he apparently did via his memo.

His memo to who? He's required to report it to the DOJ, numskull, not write a memo to himself.

Since the FBI is part of DOJ, reporting to the FBI is reporting to the DOJ. However, since you don't know to whom the memo was addressed or where copies were sent, you can't say he didn't report it because at this time you don't know. After Memorial Day, Comey will testify. The contents of the memo and to who it was sent should be known. Till then it's speculation.

Comey is known to memorialize (diary) his meetings. He never officially reported this to any one until he was questioned under oath before congress.

 

[Flopper]

If you examine what Comey said, it was an answer to a hypothetical question regarding the JD shutting down an FBI investigation. There was no mention of Trump. Check the transcript of the hearing. Secondly, the Director is an agent of the FBI. He is under no obligation to report anything to the the JD other than a recommendation to prosecute when the investigation concludes. He is responsible for conducting the investigation which is on going. The JD is responsible for prosecuting.

He is under no obligation to report anything to the the JD

WRONG! The law is the law and he is required to by the law.. Failing to report this at the time of incident (or shortly thereafter) is a crime. So he either perjured himself or he broke the law... Which is it?

You seem to forget, Comey is law enforcement, he is responsible for the investigation. He did document the conversation. You don't report a crime to the justice department, you reported it to the law enforcement agency which is the FBI which he apparently did via his memo.

His memo to who? He's required to report it to the DOJ, numskull, not write a memo to himself.

Since the FBI is part of DOJ, reporting to the FBI is reporting to the DOJ. However, since you don't know to who the memo was addressed or where copies were sent, you can/t say he didn't report it because at this time you don't know. After Memorial Day, Comey will testify. The contents of memo and to who it was sent should be known. Till then it's speculation.

I'll repeat the answer I gave to theDoctorIsIn: You can't report a crime to yourself.

I will repeat. You don't know where the memo was sent so you can't say he did not report it.

 

[Billy_Bob]

Or

2. You inform the persons who are in legal authority above you who can investigate and prosecute.

You omitted 3. You document it (write a memo) and inform persons who are in legal authority at the FBI below you, who can investigate and prosecute.

A subordinate can not investigate this.. He must go up the chain of command not down it. You want to talk about putting your thumb on the scale of the investigation. The judge would throw out the case in about 2 seconds after he found this out.

 

[bripat9643]

Or

2. You inform the persons who are in legal authority above you who can investigate and prosecute.

You omitted 3. You document it (write a memo) and inform persons who are in legal authority at the FBI below you, who can investigate and prosecute.

Writing a memo to yourself is not "documenting it." Furthermore, where's the evidence that he informed anyone?

Face it: this talking point is thoroughly dead.

 

[theDoctorisIn]

Or

2. You inform the persons who are in legal authority above you who can investigate and prosecute.

You omitted 3. You document it (write a memo) and inform persons who are in legal authority at the FBI below you, who can investigate and prosecute.

A subordinate can not investigate this.. He must go up the chain of command not down it.

Now you're just making this up as you go along.

 

[Billy_Bob]

You're certainly making a strong case that Trump is guilty of Obstruction - but there's nothing in there that says the Director of the FBI has to report anything to his "superiors".

LOL.. having problems with the Law are we?

Lets play a game...

You are the director of the FBI.. The POTUS makes a demand that you are to stop and investigation into a friend and odes it in a way that you feel threatened...

You now have two choices by statute.

1. You did not perceive it was a threat and do nothing. You might make notes about what was said but you take no actions.

Or

2. You inform the persons who are in legal authority above you who can investigate and prosecute.

IF you do 1 then you have no standing to come back at a later date, after your a fired disgruntled employee, to revisit it and claim you were then threatened. (this is why time is of the essence). You also do not go to congress and inform them and tell them you did not perceive this as an order or threat.

No, it's you who are having some problems with the law.

There is no law that requires Comey to report to anyone "above" him. The law you're looking for (18 USC 4) reads as follows:

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.

As FBI director, Comey was a "person in civil or military authority". There's nothing in that law that requires him to take it to his "superiors".

You can't report a crime to yourself, numskull.

What makes you think he didn't inform anyone in the FBI?

Let's check comeys memos.....






View attachment 127740




.

The problem with memorializing is that you can fabricate it.. There must be cooberating evidence. Without it that memo is just a scrap piece of paper.

 

[Pogo]

is that easy to become American President?

that's all it takes to dupe Americans?

Lord have Mercy on us........

--- said the Whole World, six months ago...

Da, dollink. Is that easy. But your Russian accent is showing.

 

[Billy_Bob]

Or

2. You inform the persons who are in legal authority above you who can investigate and prosecute.

You omitted 3. You document it (write a memo) and inform persons who are in legal authority at the FBI below you, who can investigate and prosecute.

A subordinate can not investigate this.. He must go up the chain of command not down it.

Now you're just making this up as you go along.

25 years of investigations.. Not hardly..

 

[bripat9643]

I'll repeat the answer I gave to theDoctorIsIn: You can't report a crime to yourself.

It's just like patent or copy-write protection, by sending a copy to yourself by registered mail.

No it isn't "It's just like patent or copy-write protection," moron. What part of "you are required to report it" means you don't have to report it?