There's nothing normal about releasing the written testimony of a public figure like former FBI director James Comey 24 hours in advance of his appearance at a Congressional hearing. But James Comey wanted it that way.
This isn't Comey's first tussle with an executive branch nor is he a neophyte in dealing with the current commander in chief. Indeed, Comey notes in his testimony that after having two totally unremarkable interactions with Barack Obama during his entire presidency, he's already engaged in "nine one-on-one conversations with President Trump in four months"—each one more cringeworthy than the last.
So Comey knows a thing or two about how Donald Trump operates and he apparently wanted to deliver a pre-emptive strike of his own before testifying Thursday. Why exactly isn't clear. But it's easy enough to imagine.
First, it blocks Trump from pulling some last-minute stunt like trying to invoke executive privilege—it's all out there now and it's all attributable. Second, it serves as a buffer against the pathetic smear campaign Trump's henchman are already mounting against Comey. If you haven't seen this attempt to defile an unelected public official by a pro-Trump group in advance of his testimony, it's worth a look.
Which leads to the question: Just how desperate is Trump? Well, pretty damn desperate—like a rat cornered behind a dumpster by a herd of raccoons. The Washington Post's Phil Rucker told MSNBC Wednesday that Trump's "ready to go to war."
As Rucker and his colleagues reported:
Alone in the White House in recent days, President Trump — frustrated and defiant — has been spoiling for a fight, according to his confidants and associates.
Glued even more than usual to the cable news shows that blare from the televisions in his private living quarters, or from the 60-inch flat screen he had installed in his cramped study off the Oval Office, he has fumed about “fake news.” Trump has seethed as his agenda has stalled in Congress and the courts. He has chafed against the pleas for caution from his lawyers and political advisers, tweeting whatever he wants, whenever he wants. The president may be seething, but he also barely has an army inside the White House to go to war with. The "war room" idea floated a week ago died just as soon as White House aides realized it would have to be staffed. Apparently, no one's super excited about jumping into that role. Even the RNC had trouble finding talking heads.
The Republican National Committee has lined up a roster of surrogates to appear on conservative news stations nationwide to defend Trump. But a list the RNC distributed on Tuesday could hardly be described as star-studded: The names include Bob Paduchik, an RNC co-chair who worked on Trump’s Ohio campaign; Florida Attorney General Pam Bondi (R); and Arkansas Attorney General Leslie Rutledge (R). What Trump’s down to then is him and his thumbs vs. Comey's highly detailed 7-page written testimony and the tidbits he'll add tomorrow during his sworn testimony.
Uhhh, okay.
Of that, what has a whit of relevance to an investigation for alleged "collusion" or obstruction of Justice?
Remember these reports about Obama before the election in 2012?? That he was supposedly despondent, isolated, uninterested in the campaign, watched ESPN all day?
Yeah, those reports are exactly the same as the drivel this article offers. "Trump ready to go to war, seething."
Over what? Comey's statement from two weeks ago that Trump told Comey, "I hope you can let this go. He's a nice guy"?
Wait, what? That is not remotely close - not in the same ******* ballpark - as obstruction of justice:
Here are the well-defined actions that constitute obstruction of justice, under 18 U.S.C. Chapter 73:
§ 1502 - Resistance to extradition agent
§ 1503 - Influencing or injuring officer or juror generally
§ 1504 - Influencing juror by writing
§ 1505 - Obstruction of proceedings before departments, agencies, and committees
§ 1506 - Theft or alteration of record or process; false bail
§ 1507 - Picketing or parading
§ 1508 - Recording, listening to, or observing proceedings of grand or petit juries while deliberating or voting
§ 1509 - Obstruction of court orders
§ 1510 - Obstruction of criminal investigations
§ 1511 - Obstruction of State or local law enforcement
§ 1512 - Tampering with a witness, victim, or an informant
§ 1513 - Retaliating against a witness, victim, or an informant
§ 1514 - Civil action to restrain harassment of a victim or witness
§ 1514A - Civil action to protect against retaliation in fraud cases
§ 1515 - Definitions for certain provisions; general provision
§ 1516 - Obstruction of Federal audit
§ 1517 - Obstructing examination of financial institution
§ 1518 - Obstruction of criminal investigations of health care offenses
§ 1519 - Destruction, alteration, or falsification of records in Federal investigations and bankruptcy
§ 1520 - Destruction of corporate audit records
§ 1521 - Retaliating against a Federal judge or Federal law enforcement officer by false claim or slander of title
Oh, what about § 1505 - Obstruction of proceedings before departments, agencies, and committees, you ask? That statute provides:
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
Nope. Does not apply.
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.
Nope. The quoted statement, "I hope you can let this go. He really is a nice guy," is vastly, woefully short of the conduct deemed to "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."
In United States v. Aguilar, 515 U.S. 593, 600, 115 S.Ct. 2357, 132 L.Ed.2d 520 (1995), the defendant was indicted under 18 U.S.C. § 1503 for obstructing a judicial proceeding. The indictment alleged that Aguilar had intentionally given false information to federal investigators who were potentially going to be called to testify before a grand jury. The Supreme Court held that lying to an investigating agent who “might or might not testify before a grand jury” did not constitute obstruction of a judicial proceeding. Aguilar, 515 U.S. at 600. The Court held that in order to be indictable for obstruction of a judicial proceeding, the defendant's actions must have a “natural and probable effect of interfering with the due administration of justice.” Id. at 601 (internal quotation marks omitted); see also United States v. Ryan, 455 F.2d 728, 734 (9th Cir.1972) (“The acts complained of must bear a reasonable relationship to the subject of the grand jury inquiry.”); United States v. Kassouf, 144 F.3d 952, 956-57 (6th Cir.1998) (holding that the act must have a relationship in time, causation or logic with the judicial proceedings)."
U.S. v. Hopper (9th Cir. 1999) 177 F.3d 824, 830
The significant, patent, undeniable problem with charging that Trump's statement, "Can you see your way to letting it go, he's a nice guy" clearly did not have the effect of interfering with the investigation in any respect and nobody claims otherwise.
In short, no possible obstruction. Zero.
See, this is why we attend these classes in big buildings where they teach us something called "law," and why we take this very difficult test called a "bar exam" before we can practice law.
Because amateur lawyers are wrong, wrong, more wrong, suck ***, misquote the law, don't understand the law, and don't know a single ******* thing about the actual law.
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