"As a former prosecutor, I'm also troubled with your legal analysis. You discussed 10 separate factual patterns involving alleged obstruction, and then you failed to separately apply the elements of the applicable statutes. I looked at the 10 factual situations and I read the case law, and... just looking at the [Michael Flynn|Flynn]] matter, for example, the four statutes that you cited for possible obstruction, 1503, 1505, 1512(b)(3) and 1512(c)(2). When I look at those concerning the Flynn matter, 1503 is inapplicable because there wasn't a grand jury or trial jury impaneled, and Director Comey was not an officer of the court, as defined by the statute. Section 1505 criminalizes acts that would obstruct or impede administrative proceedings, as those before Congress, or an administrative agency. The Department of Justice Criminal Resource Manual states that the FBI investigation is not a pending proceeding. 1512(b)(3) talks about intimidation, threats, force, to tamper with a witness. General Flynn at the time was not a witness, and certainly Director Comey was not a witness. ...1512(c)(2) talks about tampering with the record, and as Joe Biden described the statute—as [it was] being debated on the Senate floor—he called this a statute criminalizing document shredding, and there's nothing in... your report that alleges that the President destroyed any evidence."
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Buck, 1:52:53
https://en.wikiquote.org/wiki/Robert_Mueller_Testimony_before_House_Judiciary_Committee
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Robert Mueller Testimony before House Judiciary Committee
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