again, why mueller couldn't pull a trigger.
Why mueller didnt charge. Thats a very good question.
Its all detailed here, and its worth a read. basically its because of Mueller's interpretation of OLC decision.
just stated in another post...I will use his language.
"
And the acceptance of the fact a charge of obstruction requires corrupt intent - a very high standard, one that could not be demonstrated due to the lack of an underlying crime to cover up."
Anyone that posts in this thread should at a minimum check the OP post, where you could have easily read this.
This is an excerpt from the SC Mueller report.
Second, many obstruction cases involve the attempted or actual cover-up of an underlying crime. Personal criminal conduct can furnish strong evidence that the individual had an improper obstructive purpose, see, e.g. , United States v. Willoughby, 860 F.2d 15, 24 (2d Cir. 1988), or that he contemplated an effect on an official proceeding, see, e.g., United States v. Binday, 804 F.3d 558, 591 (2d Cir. 2015). But proof of such a crime is not an element of an obstruction offense. See United States v. Greer, 872 F.3d 790, 798 (6th Cir. 2017) (stating, in applying the obstruction sentencing guideline, that "obstruction of a criminal investigation is punishable even if the prosecution is ultimately unsuccessful or even if the investigation ultimately reveals no underlying crime"). Obstruction of justice can be motivated by a desire to protect non-criminal personal interests, to protect against investigations where underlying criminal liability falls into a gray area, or to avoid personal embarrassment. The injury to the integrity of the justice system is the same regardless of whether a person committed an underlying wrong.
There you have it folks:
No underlying crime need be proven for an obstruction case to be determined, and/or pursued.
So, jc456, the below statement is FALSE
"And the acceptance of the fact a charge of obstruction requires corrupt intent - a very high standard,
one that could not be demonstrated due to the lack of an underlying crime to cover up."
Corrupt intent & the potential for any underlying crime are two completely different issues.