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Obstruction of Justice: Seeing the Forest and the Trees


#1

Obstruction of Justice: Seeing the Forest and the Trees

Steven Harper

The legal principles are straightforward. Anyone who corruptly endeavors to influence, obstruct or impede a federal investigation or judicial process commits a felony. And no person is above the law — not even the president. The simplicity of those notions has become lost.

Legal commentators’ competing views on whether Trump has obstructed justice haven’t helped. Rather than ascribe nefarious motives to either side of the debate, attentive citizens might consider this possibility: The experts are looking at the same problem from two different legal perspectives.


#2

I'm old enough to remember the Caspar Weinberg Case wherein George H. W. Bush pardoned Weinberg., See:


#3

The impeachment tact, if that is the right tact, it seems to me would be violations of the Emolument Clause. My above post should read Weinberger not Weinberg.


#4

Dear Kindly go through the video to add a few points


Thanks

#6

Even in such a partisan situation- from an ethical legal perspective, the trees are far more important that the Harper's argument about narratives and forests.

They are the basis for the rule of law, which in cases with unpopular defendants -are all that keeps us from devolving into mob rule.

Noting that Impeachment is a political act, the obvious counter-example to pose here would be Clinton's situation in the late 1990's. Most laypeople considered Clinton's lie about sex with Lewinsky to be perjury. But that's not the law. Why? Because the subject matter of the investigation was alleged impropriety in a 1970's-80's real estate deal.

The question about sex did not involve a matter that was material to the investigation- and hence, did not satisfy the legal elements of the crime of perjury.

Hence, the implication of the professor's arguments here should be disturbing to rational and objective people- at least, to those not so blinded by partisanship or hatred that they cannot see the forest from the trees.