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originally posted by: Xcathdra
* - 18 U.S. Code Chapter 73 - OBSTRUCTION OF JUSTICE
* - 18 U.S. Code § 1510 - Obstruction of criminal investigations
Title 18, United States Code, Chapter 73. Federal law has no less than 21 separate and distinct provisions for obstruction of justice.
Obstruction of justice is a federal crime in which someone "corruptly" attempts to “influence, obstruct or impede” the “due and proper administration of the law” in a pending proceeding, as stated in 18 U.S.Code § 1505.
Protection Of Government Processes -- Omnibus Clause -- 18 U.S.C. 1505
The omnibus clause of 18 U.S.C. § 1505 parallels its counterpart in 18 U.S.C. § 1503 in language and purpose, and most of the law construing the latter is applicable to the former.
Generally, a defendant may be found guilty under section 1505 if the government establishes that:
(1) there was a proceeding pending before a department or agency of the United States;
(2) the defendant knew of or had a reasonably founded belief that the proceeding was pending; and
(3) the defendant corruptly endeavored to influence, obstruct, or impede the due and proper administration of the law under which the proceeding was pending. United States v. Price, 951 F.2d 1028, 1030-31 (9th Cir. 1991); United States v. Sprecher, 783 F. Supp. 133, 163 (S.D.N.Y. 1992).
“Corruptly” is defined in an accompanying section, 18 U.S.Code § 1515 (b), as “acting with an improper purpose, personally or by influencing another, including making a false or misleading statement, or withholding, concealing, altering, or destroying a document or other information."
originally posted by: Sillyolme
a reply to: Xcathdra
Ummm yeah it is. Because he told us he fired Comey because he was breathing down his neck. He TOLD US HE FIRED HIM BECAUSE OF THE RUSSHER THING!!!!!
You love the guy. This is the one time you think he may have been lying?
Ok. Lol
originally posted by: Xcathdra
a reply to: soberbacchus
Yup.. Next step would be for you to understand US code and how it applies and what elements are needed to violate it. I noticed you failed to engage any of that and instead reposted what I did from a different website.
.
Section 1505 is constrained, like its counterpart in 18 U.S.C. § 1503, by the requirement that there be a pending proceeding.
18 USC 1505
18 U.S. Code § 1505 - Obstruction of proceedings before departments, agencies, and committees
US Code
Notes
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Whoever, with intent to avoid, evade, prevent, or obstruct compliance, in whole or in part, with any civil investigative demand duly and properly made under the Antitrust Civil Process Act, willfully withholds, misrepresents, removes from any place, conceals, covers up, destroys, mutilates, alters, or by other means falsifies any documentary material, answers to written interrogatories, or oral testimony, which is the subject of such demand; or attempts to do so or solicits another to do so; or
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, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress—
Shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both.
originally posted by: Xcathdra
originally posted by: Sillyolme
a reply to: Xcathdra
Ummm yeah it is. Because he told us he fired Comey because he was breathing down his neck. He TOLD US HE FIRED HIM BECAUSE OF THE RUSSHER THING!!!!!
You love the guy. This is the one time you think he may have been lying?
Ok. Lol
No really its not. Comey is not directly involved in the investigation and McCabe testified Comeys termination had no impact.
U.S. Attorneys » Resources » U.S. Attorneys' Manual » Criminal Resource Manual » CRM 1500-1999 » Criminal Resource Manual 1701-1799
1727. Protection Of Government Processes -- Omnibus Clause -- 18 U.S.C. 1505
The omnibus clause of 18 U.S.C. § 1505 parallels its counterpart in 18 U.S.C. § 1503 in language and purpose, and most of the law construing the latter is applicable to the former.
Generally, a defendant may be found guilty under section 1505 if the government establishes that:
(1) there was a proceeding pending before a department or agency of the United States;
(2) the defendant knew of or had a reasonably founded belief that the proceeding was pending; and
(3) the defendant corruptly endeavored to influence, obstruct, or impede the due and proper administration of the law under which the proceeding was pending.
originally posted by: Xcathdra
a reply to: soberbacchus
and there has been no attempt to obstruct justice by Trump.
originally posted by: soberbacchus
originally posted by: Xcathdra
a reply to: soberbacchus
and there has been no attempt to obstruct justice by Trump.
Saying it does not make it true.