Comey "commits" two crimes

[Hutch Starskey]

GO home Comey!

GO home.

my God what an obnoxious creature .....

retire go away!

Go home, Skye.



No, really

Comey's ties to the Clinton Foundation and the conflicts of interests are too close not to raise red flags!

Even Comey's brother works for the Law Firm that handles Clinton foundation's taxes! GIVE ME A BREAK!


Fuck Comey!


FUCK HIM!

Yay!

oh look a snowflake! ^^^

sure YAY

yay back to you poor snowflake

Look! A pole dancer.

 

[Billy_Bob]

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.

Wrong. Subordinates were already investigating collusion between Trump associates and the Russians.

LOL..

The investigation was started by Obama long before Trump was elected.. Epic Fail..

 

[skye]

GO home Comey!

GO home.

my God what an obnoxious creature .....

retire go away!

Go home, Skye.



No, really

Comey's ties to the Clinton Foundation and the conflicts of interests are too close not to raise red flags!

Even Comey's brother works for the Law Firm that handles Clinton foundation's taxes! GIVE ME A BREAK!


Fuck Comey!


FUCK HIM!

Yay!

oh look a snowflake! ^^^

sure YAY

yay back to you poor snowflake

Look! A pole dancer.

you are on the wrong forum...

nevertheless.....have a good night

 

[Hutch Starskey]

Go home, Skye.



No, really

Comey's ties to the Clinton Foundation and the conflicts of interests are too close not to raise red flags!

Even Comey's brother works for the Law Firm that handles Clinton foundation's taxes! GIVE ME A BREAK!


Fuck Comey!


FUCK HIM!

Yay!

oh look a snowflake! ^^^

sure YAY

yay back to you poor snowflake

Look! A pole dancer.

you are on the wrong forum...

nevertheless.....have a good night

Donny tips well.

 

[Billy_Bob]

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

We know Comey didn't leak the memo, so somebody leaked the memo, which means Comey gave it to somebody at the FBI or DOJ.

Comey stated, in congressional testimony, that he spoke about the event to several staff members. He never made a formal report.

There is no "formal report" for this.

LOL

BULL SHIT!

Its Called; calling the DOJ and filing a complaint as the law demands.

 

[Billy_Bob]

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..

Let's take a comparative hypothetical situation, probably closer to your experience.

Let's say the Mayor of Smalltown USA hits some lean times, and decides to mug the Chief of Police in the City Hall parking lot.

Do you believe that the Chief is obligated to inform the Mayor that the Mayor committed a crime?

Following standard police procedure, that investigation would be sent to the Sheriff's office out side of that agency. To keep investigative integrity. The same reason the DOJ should have been used.

How is the DoJ "outside of that agency?

The FBI is the DoJ's investigative arm - and it reports directly to the subject of the investigation.

LOL

They are separate entities. The DOJ has special staff to do these investigations. IF you knew the chain of command you would know this.

 

[radical right]

Comey stated, in congressional testimony, that he spoke about the event to several staff members. He never made a formal report.

So much for anybody claiming Comey was in violation of 18 USC 4, by failing to tell anybody.

 

[Darkwind]

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".

His boss. Jeff Sessions.

 

[TheDude]

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".

That's nearly suggesting a cop can witness a crime and keep it a secret. Comey fucked up. That or the memo is fucked up. Can I choose B already?

 

[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".

His boss. Jeff Sessions.

You mean the guy who has already recused himself from the investigation, due to his own ties to Russia?

 

[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".

That's nearly suggesting a cop can witness a crime and keep it a secret. Comey fucked up. That or the memo is fucked up. Can I choose B already?

No, that's not close to what I'm saying.

 

[Hutch Starskey]

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

25 years of investigations.. Not hardly..

Let's take a comparative hypothetical situation, probably closer to your experience.

Let's say the Mayor of Smalltown USA hits some lean times, and decides to mug the Chief of Police in the City Hall parking lot.

Do you believe that the Chief is obligated to inform the Mayor that the Mayor committed a crime?

Following standard police procedure, that investigation would be sent to the Sheriff's office out side of that agency. To keep investigative integrity. The same reason the DOJ should have been used.

How is the DoJ "outside of that agency?

The FBI is the DoJ's investigative arm - and it reports directly to the subject of the investigation.

LOL

They are separate entities. The DOJ has special staff to do these investigations. IF you knew the chain of command you would know this.

^Wholly clueless!

 

[radical right]

BULL SHIT!

Its Called; calling the DOJ and filing a complaint as the law demands.

You find out somebody fradulently charged something to your credit card. Who at the DOJ do you file a complaint with?

 

[Darkwind]

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".

His boss. Jeff Sessions.

You mean the guy who has already recused himself from the investigation, due to his own ties to Russia?

He did NOT recuse himself from the chain of command.

 

[Billy_Bob]

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?

Putting quotation marks around something doesn't make it a fact.

The statute doesn't dictate who within civil law enforcement you report it to. If Comey is mugged walking down the street, he reports it to the DC police, not the DOJ.

IN the case of Obstruction it is most certainly dictated to the DOJ not your local cop shop.

 

[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".

His boss. Jeff Sessions.

You mean the guy who has already recused himself from the investigation, due to his own ties to Russia?

He did NOT recuse himself from the chain of command.

Actually, in the context of this investigation, that's exactly what "recusing himself" means.

 

[radical right]

They are separate entities. The DOJ has special staff to do these investigations. IF you knew the chain of command you would know this.

Who at DOJ does those special investigations? DOJ normally hands criminal investigations to the FBI.

 

[Hutch Starskey]

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".

That's nearly suggesting a cop can witness a crime and keep it a secret. Comey fucked up. That or the memo is fucked up. Can I choose B already?

A cop indeed can.
It's entirely within their discretion.

Have you ever been let go with a warning?

 

[theDoctorisIn]

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?

Putting quotation marks around something doesn't make it a fact.

The statute doesn't dictate who within civil law enforcement you report it to. If Comey is mugged walking down the street, he reports it to the DC police, not the DOJ.

IN the case of Obstruction it is most certainly dictated to the DOJ not your local cop shop.

The Department of Justice is a political body, not an investigative body.

The FBI is the law enforcement organization with jurisdiction here.

 

[Billy_Bob]

BULL SHIT!

Its Called; calling the DOJ and filing a complaint as the law demands.

You find out somebody fradulently charged something to your credit card. Who at the DOJ do you file a complaint with?

The specifics of the crime are the determining designation. Personal crimes, not due to office or official duties, go to your local cop shop. Obstruction and interference with official duties must go to the DOJ by statute and by US government policies.