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Very Hot Topic (More than 25 Replies) Either Comey's committed a felony or the charges against Trump are bogus (Read 855 times)
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Re: Either Comey's committed a felony or the charges against Trump are bogus
Reply #50 - May 18th, 2017 at 1:13pm
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The Original Wally wrote on May 18th, 2017 at 6:16am:
The House Oversight Committee Chair have requested Comey to produce this and all other notes he way have which detail conversations with other officials, including, but limited to Loretta Lynch.  He said if they are not forthcoming, then he will issue a subpoena for them.
He went on to say that since COmey was meeting with such people in the capacity of the FBI Director, all such notes (memos) rightfully are the property of the US Government (FBI).  He said the request has been made directly to the FBI and will be made to Comey, as son as they.

It would appear that Cormey has once again been playing politics, but you can't just hit and run.  Politics ain't bean bags!



You really can't be this naive.

It's obvious to anyone but a Trumper right now that Comey lost his job because he wouldn't be Trump's lap dog.
  

Brilliance on display:

Wadsworth wrote Today at 4:39pm:
"Shut up sock puppet, you make absolutely not damn since."
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Demos
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Re: Either Comey's committed a felony or the charges against Trump are bogus
Reply #51 - May 18th, 2017 at 4:53pm
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A counter to Jarrett's argument...

Quote:
Let's start with the first of two statutes Jarrett cites: 18 USC 4.  This is the general "misprision of felony" statute. It's one of the oldest crimes in the federal criminal code, I believe dating back to 1790.  In its current form it provides:

Whoever, 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. [emphasis added]
There are two obvious reasons why this statute does not apply to Comey's situation. 

First, note the word "concealment." This is a stand-alone element of the offense, not just a superfluous verbal flourish restating the point that one must report.  Just look at any federal pattern jury instruction: affirmative steps to conceal are required, not just the fact of failing to report the crime.  See, e.g., Lancey v. United States, 356 F.2d 407, 4010 (9th Cir. 1966) (silence alone, without affirmative act of concealment, is insufficient).  There is no basis for claiming that Jim Comey took affirmative steps to conceal any alleged obstruction by Donald Trump.  To argue that Comey somehow affirmatively concealed something by taking care with who got to see his memo entirely collapses this distinction, and would extend liability for misprision to just about every criminal investigator and prosecutor in this country (given how routine it is for both investigators and prosecutors to create but limit circulation of documents with evidentiary content in this sense).

Second, and more fundamentally, Jarrett's op-ed implies that the obligation to report runs specifically to Justice Department prosecutors.  That's not what the statute says, however, and of course the more obvious recipients for any such notificiations would be...the FBI.  Jim Comey was, of course, FBI Director at all relevant times, and deeply engaged in supervision of existing, related criminal (and probably also counterintelligence) investigations.  It's more than a stretch to suggest that the misprision statute somehow creates a "two-person" requirement for knowledge of possible federal crimes, such that it is not enough for one FBI person to be aware of the possible criminal behavior. A "crooked cop" scenario would of course be different, but no one is alleging (nor could they) that Jim Comey was in cahoots with a plan to obstruct the Flynn investigation.

Third, even if misprision concerns required Jim Comey to convey knowledge of Trump's actions to others at FBI, it remains quite possible that he did exactly this.

Well, enough about misprision.  It's a bogus argument.  What about the other statute Jarrett cites?

I'm at a loss here.  The statute—28 USC 1361—provides federal courts with jurisdiction to issue writs of mandamus.  All lawyers in the U.S. will recall the writ of mandamus from good ol' Marbury v. Madison: it is a name for an order that obliges a government official to perform some non-discretionary act.  Needless to say this is not a criminal law at all, and its application here is a bit of a mystery to me.  I suppose he has in mind some notion that the FBI Director has a non-discretionary obligation to contact DOJ prosecutors when there is evidence of obstruction or any other crime, posthaste, and thus one might in theory follow the path of William Marbury, filing a petition for a writ of mandamus to make the Director do so.  You can see that this makes no sense in this context.

Source
  
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Seawolf
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Re: Either Comey's committed a felony or the charges against Trump are bogus
Reply #52 - May 18th, 2017 at 5:02pm
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Demos wrote on May 18th, 2017 at 4:53pm:
A counter to Jarrett's argument...

Source

Ok, it's his opinion but as one who is suppose to uphold the law it makes no sense to hold this data for three months unless he intended to use it to his advantage which then would be considered blackmailing.  It's his sworn duty to uphold the law so I can not see a reason to have sat on this alleged attempt.  Putting all that aside, we have not seen this memo yet so we really have no idea if it truly exist.  Would love to see this.
  


"Without morals a republic cannot subsist any length of time; they therefore who are decrying the Christian religion, whose morality is so sublime and pure (and) which insures to the good eternal happiness, are undermining the solid foundation of morals, the best security for the duration of free governments."

Charles Carroll, signer of the DOI
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Re: Either Comey's committed a felony or the charges against Trump are bogus
Reply #53 - May 18th, 2017 at 5:04pm
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Seawolf wrote on May 18th, 2017 at 5:02pm:
Ok, it's his opinion but as one who is suppose to uphold the law it makes no sense to hold this data for three months unless he intended to use it to his advantage which then would be considered blackmailing.  It's his sworn duty to uphold the law so I can not see a reason to have sat on this alleged attempt.  Putting all that aside, we have not seen this memo yet so we really have no idea if it truly exist.  Would love to see this.


I want to see Comey testify.  That's gonna be GOOD!

Greg
  

&&&&"You want the TRUTH? You can't handle THE TRUTH!!"
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Seawolf
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Re: Either Comey's committed a felony or the charges against Trump are bogus
Reply #54 - May 18th, 2017 at 5:05pm
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Greg55_99 wrote on May 18th, 2017 at 5:04pm:
I want to see Comey testify.  That's gonna be GOOD!

Greg

Absolutely and I hope that this so called memo is then brought to light.  If not, then we have nothing.
  


"Without morals a republic cannot subsist any length of time; they therefore who are decrying the Christian religion, whose morality is so sublime and pure (and) which insures to the good eternal happiness, are undermining the solid foundation of morals, the best security for the duration of free governments."

Charles Carroll, signer of the DOI
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Demos
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Re: Either Comey's committed a felony or the charges against Trump are bogus
Reply #55 - May 18th, 2017 at 5:06pm
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Seawolf wrote on May 18th, 2017 at 5:02pm:
Ok, it's his opinion...

And? What was posted in the OP was an opinion. This is a different interpretation of the statutes.

  
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Re: Either Comey's committed a felony or the charges against Trump are bogus
Reply #56 - May 18th, 2017 at 5:10pm
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Demos wrote on May 18th, 2017 at 5:06pm:
And? What was posted in the OP was an opinion. This is a different interpretation of the statutes.


And?  I stated my opinion.  Not much more to state.  Look Demos, IF there is evidence, let's all see it and then get on with removing him from office, if not, then the Dems need to put aside their pledge to resist.  I do not believe for one moment that the Dems will put aside this onslaught against Trump even if investigations exonerate Trump.
  


"Without morals a republic cannot subsist any length of time; they therefore who are decrying the Christian religion, whose morality is so sublime and pure (and) which insures to the good eternal happiness, are undermining the solid foundation of morals, the best security for the duration of free governments."

Charles Carroll, signer of the DOI
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The Original Wally
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Re: Either Comey's committed a felony or the charges against Trump are bogus
Reply #57 - May 18th, 2017 at 8:13pm
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Demos wrote on May 18th, 2017 at 4:53pm:
A counter to Jarrett's argument...

Source

I read this opinion and believed it is flawed when he says he should have reported it to the FBI; Comey was the FBI DIrector and the Attorney General was his boss.  It's pretty clear what should have happened. As far as the element of concealment, I believe a case can be made that since his testimony before Congress did not include any admission of the fact alleged in this mysterious memo, then this would reasonably constitute a concealment. 

In any event, our legal system always provides for competing Counsel, each with their own interpretation of the applicability of laws to the facts as they see them. This is why we have Judges and Juries.
  

" The few will always act like the few.

Machiavelli

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Re: Either Comey's committed a felony or the charges against Trump are bogus
Reply #58 - May 18th, 2017 at 10:29pm
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It doesn't make Comey look honest and his  reputation is already in the toilet.
  

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Re: Either Comey's committed a felony or the charges against Trump are bogus
Reply #59 - May 19th, 2017 at 12:03am
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Bert and the Technicolor nuns wrote on May 18th, 2017 at 10:29pm:
It doesn't make Comey look honest and his  reputation is already in the toilet.



That's like looking for a virgin in a Jr. High School.
  

Only a fool think we can give free health care and not have our premiums skyrocket every year.
"Where is the $2,500 in savings Democrats and Obama promised me?" 

Obama on FBI: We Don't Operate on Innuendo.  LOL 
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