The most inaccurate and ignorant three words used in the past several months and at Thursday’s Senate Hearing, particularly by the left and echoed by their media handmaidens, have been “obstruction of justice” There is no such federal crime.
Literally, there is a crime at 18 United States Code, Section 4: Misprison of felony.
Whoever, [then FBI Director James Comey] having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both. (My emphasis.)
Parenthetically, there are only six cases in the history of the Supreme Court of the United States that even mention “misprision of felony.” 1820 (1), 1821 (2), 1972 (1), 1980 (2). Not one of them explains the statute, rules in a case directly involving it, nor identifies the essential elements a prosecutor has to prove.
However, the text of the statute itself is very clear. There are three essential elements of the crime: Someone knowing about someone else’s actual commission of a federal felony.
Analytically, we have to begin with the “federal felony” statutory requirement. Where is it? The “obstruction of justice” talking heads, the frantic progressives, and their media allies can search the entire federal criminal code from today until hell freezes over and they will find no federal felony based on the facts as now known. None! On this ground alone, there is nothing more to discuss.
But, let’s assume for the sake of argument that the Chief Executive and Commander-in-Chief of the United States explicitly ordered the FBI Director to end the Flynn investigation — remember, there was not yet a Flynn crime — because it was interfering with the government’s business, or threatened national security—or for no expressed reason at all. Even under those supposed facts, the “obstruction of justice” crowd could find no federal felony.
If there was no federal felony, there could be no “actual commission” of one.
And if there was no “federal felony,” and thus no “actual commission” of one, Comey could not have had any “knowledge” of one.
With every one of the misprision of felony statutory requirements missing—which would have to convince a unanimous 12-person jury of guilt beyond a reasonable doubt, against a presumption of innocence, with no Supreme Court precedent—there was nothing for FBI Director Comey to report.
Which is why he did not report his conversation with POTUS. Recall his July pontification that caught-red-handed Hillary Clinton had not committed a crime. If she didn’t, POTUS was an a fortiori case.
Consider: The FBI Director, with his stellar, long-time, sanctified career as a federal prosecutor—from assistant United States Attorney through the ranks to Deputy Attorney General of the United States, made a considered judgment, on the facts and law, that not one of the three 18 USC, Section 4 requirements existed for the federal felony of misprision of felony to apply to what Comey says POTUS said.
By that judgment and inaction, James Comey exonerated Donald J. Trump, President of the United States.