Aldo Raine
Gold Member
- Aug 8, 2017
- 12,682
- 3,897
Guilty of what?So, how did that work out for Nixon?Endeavor means action. There was no action. And it's within his powers to fire him without question!Obstruction of justice is a crime of endeavor plus intent, not a crime of achievement and intent, or of mere achievement.
Because the law is as it is, whether ones successfully obstructs justice -- by a single act or by a collection/sequence/series of acts -- is legally irrelevant because prosecutors are not at trial burdened with proving that one's efforts did obstruct justice. They are not so burdened, if for no other reason, because the mere fact that one has been charged with obstruction (a charge that's difficult to prove, thus one that's not lightly brought) necessarily means that some aspect(s) of one's efforts to do something (criminal or not; e.g., having sex with Monica L. violated no federal laws) and do so undiscovered and unpunished failed.
- 18 U.S. Code Chapter 73 - OBSTRUCTION OF JUSTICE
- 18 U.S. Code § 1505 - Obstruction of proceedings before departments, agencies, and committees
In this particular section of federal obstruction codes, one finds the following language "Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States..."
That is the general tone and tenor of, AFAIK, all obstruction of justice statutes.
That obstruction of justice is a crime of endeavor is why the disclosure of the fact that Trump considered firing Mueller and that only upon the WH General Counsel (not Trump's personal attorney; the distinction between the two being significant) threatening to resign if Trump sallied forth and fired Mueller. [1]
Note:
- OT:
Make no mistake; that WH counsel doesn't remotely strike me as a man of sterling character insofar as he's defended several ethically questionable choices Trump has made. That said, I think he knew full and well that were Trump to have fired Mueller his licence to practice law could very easily have been called into question and possibly revoked.
Quite simply, an attorney cannot be knowingly complicit in or party to an illegal act. Among other common attorney behaviors, not asking an accused criminal whether they did indeed commit the crime with which they've been charged is not among the questions defense attorneys, for example, don't ask their clients. Were they to know one is guilty, and also, on one's behalf, enter a not-guilty plea, and then prevail at trial, they would then be deemed complicit in the commision of their defendant's crime. Once that happens, bye-bye bar membership.
Yes, as far as I know he can absolutely fire him. I believe Nixon did years ago when he was being investigated.
It didn't, and it won't work this time either. If he is indeed guilty.
I do not know, that is why they call it an investigation. He may very well be exonerated, let it play out and see.