High Crimes and Misdemeanour Impeachment
How you can resist with this information, when a president, as Nixon did, and as Trump appears to have done, tries to kill an active FBI investigation into criminal wrongdoing, this act itself is a serious, federal crime. This type of interference is an obstruction of justice, an impeachable offence for Trump, or any president. And, it is the responsibility of Congress to respond in the name of justice and in the name of democracy. Here’s what you can do to pressure your MoCs to do more.
Obstruction of justice is defined in the omnibus clause of 18 U.S.C. § 1503, which provides that "whoever . . . . corruptly or by threats or force, or by any threatening letter or communication, influences, obstructs or impedes, or endeavours to influence, obstruct, or impede, the due administration of justice, shall be (guilty of an offence)." Persons are charged under this statute based on allegations that a defendant intended to interfere with an official proceeding, by doing things such as destroying evidence or interfering with the duties of jurors or court officers.
A person obstructs justice when they have a specific intent to obstruct or interfere with a judicial proceeding. For a person to be convicted of obstructing justice, they must not only have the specific intent to obstruct the proceeding, but the person must know (1) that a proceeding was actually pending at the time; and (2) there must be a nexus between the defendant’s endeavor to obstruct justice and the proceeding, and the defendant must have knowledge of this nexus.
§ 1503 applies only to federal judicial proceedings. Under § 1505, however, a defendant can be convicted of obstruction of justice by obstructing a pending proceeding before Congress or a federal agency. A pending proceeding could include an informal investigation by an executive agency.
Obstruction of justice is defined in the omnibus clause of 18 U.S.C. § 1503, which provides that "whoever . . . . corruptly or by threats or force, or by any threatening letter or communication, influences, obstructs or impedes, or endeavours to influence, obstruct, or impede, the due administration of justice, shall be (guilty of an offence)." Persons are charged under this statute based on allegations that a defendant intended to interfere with an official proceeding, by doing things such as destroying evidence or interfering with the duties of jurors or court officers.
A person obstructs justice when they have a specific intent to obstruct or interfere with a judicial proceeding. For a person to be convicted of obstructing justice, they must not only have the specific intent to obstruct the proceeding, but the person must know (1) that a proceeding was actually pending at the time; and (2) there must be a nexus between the defendant’s endeavor to obstruct justice and the proceeding, and the defendant must have knowledge of this nexus.
§ 1503 applies only to federal judicial proceedings. Under § 1505, however, a defendant can be convicted of obstruction of justice by obstructing a pending proceeding before Congress or a federal agency. A pending proceeding could include an informal investigation by an executive agency.
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