Andrew Weismann & Mueller’s embrace of a legally dubious theory of Obstruction of Justice

Bill Barr, in a memo he wrote on June 8 2018 to Deputy AG Rod Rosenstein explains the theory.

https://twitter.com/JohnWHuber/status/1118643987487887361

18 U.S. Code § 1512 - Tampering with a witness, victim, or an informant

(C) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings;

https://www.law.cornell.edu/uscode/text/18/1512

>>6217059

(c) Whoever corruptly—

(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or

(2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,

shall be fined under this title or imprisoned not more than 20 years, or both.

>>6217234

>possible obstruction of justice evidence

The most recent US Court of Appeals rulings (5th Circuit, 2008 and 9th, Circuit, 2013) hold an FBI investigation is NOT an official proceeding. The 9th in Ermoian was explicit:

“an FBI investigation is not an official proceeding under the [1512] obstruction of justice statute”

https://twitter.com/JohnWHuber/status/1118650489707683840