- Aug 18, 2015
- Reaction score
- Land of the sane.
The crime can take any number of forms, whether it's bribery, tampering with evidence, lying to investigators, abusing one's power, or some other act intended to impede a criminal investigation. The federal obstruction of justice statute is written broadly and focuses more on the effect (or intended effect) of a particular action rather than the specific act itself. Therefore, seemingly innocuous acts could be construed as criminal activity if they have the intended effect of impeding justice.This does not affect what I said in any way.you don't understand that he was a special counsel - not a prosecutor.You understand that, absent a factual determination of corrupt intent, there can be no obstruction of justice - right?lol... no worries, donny may not have skirted that 'rusher' thing once the full report is unredacted...
And, since Mueller made no such factual determination, there is no factual basis for a charge of obstruction of justice - right?
No factual determination of corrupt intent = no obstruction of justice.
Elements of an Obstruction of Justice Charge
The elements required for a conviction on an obstruction of justice charge differ slightly by code section. For instance, prosecutors must prove the following elements for a conviction under section 1503 of the federal statute (influencing or injuring an officer or juror):
- There was a pending federal judicial proceeding;
- The defendant knew of the proceeding; and
- The defendant had corrupt intent to interfere with or attempted to interfere with the proceeding.
Obstruction of Justice - FindLaw