wrong...state of mind means nothing unless trump accidentally ran into a witness on his way to tell all....how can you keep denying reality? the only reason mueller did not indict trump is because he is a sitting president, which he clearly said about 58 times so far!! why would he describe every case of obstruction so clearly in his report that 500 former DOJ attorneys and judges of both political parties and even Judge Nappy of Fox News clearly see how an indictment is called for if he did not think that was the LEAST he could do, since he could not indict traitor trump himself? try to think as a non-biased person.
Obstruction doesn’t care what political party a president hails from.
2. The crime is obstruction of justice — not “obstruction of crime.” In other words, the law doesn’t require prosecutors to show that the alleged “obstructer” did the bad deed of interfering with an investigation because he wanted to cover up some other crime. If you bully a witness because you hate the prosecutor and want to make her working life a living hell out of spite, that counts.
Mueller himself explains that “obstruction-of-justice law reaches all corrupt conduct capable of producing an effect that prevents justice from being duly administered, regardless of the means employed.” In other words, “the verbs obstruct or impede are broad and can refer to anything that blocks, makes difficult, or hinders.”
As a matter of law, Trump need not be guilty of criminally conspiring with the Russians in order to be guilty of obstruction. His attempts to stymie Mueller’s probe can constitute obstruction of justice regardless of conspiracy or “collusion.”
Here are a few highlights from the Mueller report’s account of Trump’s bad deeds:
- Trump told his White House counsel, Don McGahn, to fire the person in charge of the investigation, Firing the top prosecutor on an investigation is a form of interference, to say the least.
- Trump told people in the White House not to disclose emails documenting the June 9, 2016 meeting at Trump Tower New York between Russians hawking dirt on Hillary Clinton and key members of his campaign. Encouraging people to hide material information from investigators counts as impeding an investigation.
- In Mueller’s words, Trump engaged in “multiple” additional acts “that were capable of exerting undue influence over law enforcement investigations, including the Russian-interference and obstruction investigations.” They ranged from efforts “to reverse the effect of the Attorney General’s recusal; to the attempted use of official power to limit the scope of the investigation; to direct and indirect contacts with witnesses with the potential to influence their testimony.”
Even to the untrained ear, this laundry list sounds a lot like endeavoring to obstruct an investigation. It doesn’t take a lawyer to conclude that the natural effect of these types of acts — if successful — would be to impede an investigation. (The acts need not succeed for there to be obstruction, mind you.)
3. The thorny part of obstruction of justice is proving intent — that is, that the person doing the obstruction did it with the objective interfering with an investigation. If you rear-end a juror by mistake on her way to a high-profile criminal trial, rendering her inescapably late, you are not susceptible to an obstruction charge. If you do it on purpose, you could be in trouble under the criminal laws.
Mueller indicated in his report that intent wasn’t a toughie when it comes to Trump. That’s why he didn’t push to interview him — his team decided they had enough evidence to show the intent element of obstruction.
https://thehill.com/opinion/white-house/439880-the-thorny-part-of-obstruction-of-justice-is-proving-intent-now-thats-a