jc456
Diamond Member
- Dec 18, 2013
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not sure your point, there was no corrupt intent. It's why he didn't charge him. you don't get it, but that doesn't surprise me at all. There is no prosecution, you highlighted prosecution, there wasn't one, nor will there be, since there is no corrupt intent.just stated in another post...I will use his language.Why mueller didnt charge. Thats a very good question.again, why mueller couldn't pull a trigger.So?
It -might- be an -obstructive- act, if done with corrupt intent.Fucking with investigators and justice system itself is a corrupt act.
Its all detailed here, and its worth a read. basically its because of Mueller's interpretation of OLC decision.
"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.