Thursday, May 18, 2017 10:00 PM

WHY OBSTRUCTION OF JUSTICE IS A HARD CRIME TO PROVE

Any inquiry into possible obstruction will confront Supreme Court[1] decisions that have been notably hostile to obstruction cases that push the limits of the law. There is plenty of wiggle room in the statutes that make it difficult to prove the necessary intent to obstruct justice, so gathering credible evidence to show what was in the mind of anyone who might try to impede the investigation will be paramount.

There are numerous laws dealing with different types of obstructive conduct in the federal criminal code, like witness tampering, interfering with a federal audit and the examination of a bank. Three broad provisions might apply to the presidents dealings with Mr. Comey, but each has limitations that would require more evidence than currently available to prove a crime.

First, a section of 18 U.S.C. 1503[2] known as the omnibus clause makes it a crime to corruptly endeavor to influence, obstruct or impede the due administration of justice. That provision applies only ...

News source: The New York Times

See also: Davis & Hoss