Scalia's suspicions regarding Obama ...

[AC_Exotic]

http://www.dailywire.com/news/16494/report-justice-scalia-thought-obama-admin-was-joseph-curl#

Spying on the Supreme Court? Say it ain't so Joe!

 

[wino]

So a media pundit is just now repeating a secondhand opinion from 4+ years ago, which he did not feel was important enough to share/document at that time, and now cannot be either confirmed or denied by the source, because the source is deceased.

Seems legit.

Big, if true.

 

[SoonerRedYukon101]

So a media pundit is just now repeating a secondhand opinion from 4+ years ago, which he did not feel was important enough to share/document at that time, and now cannot be either confirmed or denied by the source, because the source is deceased.

Seems legit.

Big, if true.

Sort of like James Comey sharing now what he could have -- and by law should have -- shared three months ago.

 

[07pilt]

Sort of like James Comey sharing now what he could have -- and by law should have -- shared three months ago.

There is kind of a difference.

 

[GL97]

Sort of like James Comey sharing now what he could have -- and by law should have -- shared three months ago.

Anything that can be used to deflect, right?

 

[wino]

Sort of like James Comey sharing now what he could have shared three months ago.

Not at all "like" the Comey situation, in that his memos (ie, "documentation") are still (supposedly) with us, may (or may not) have been shared with colleagues, and have the potential to exist as a matter of record at some point, while Scalia's private anecdotes with a TV pundit are not, and never will be.

C'mon, that was too easy.

-- and by law should have --

This was already carved up yesterday.

28 USC 1361 is the mandamus jurisdiction statute for federal courts. In no way says anything like what this guys is saying.

18 USC 4 states:

"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."

I didn't researched the cases interpreting who is an "other person in civil authority", but my educated guess/bet is that Comey himself is such a "person in civil authority". The term "civil authority" typically refers to civil (as opposed to military) authority to enforce law and order.....in other words law enforcement.

Basically that's a statute that requires someone having knowledge of a federal felony to report the same to law enforcement or a judge. We'll leave my opinion of the constitutionality of that for some other day.

So I don't necessarily agree with his analysis from the get go. Then he goes further and says "So, if Comey believed Trump attempted to obstruct justice, did he comply with the law by reporting it to the DOJ?"

I haven't seen a quote from Comey saying he believed Trump attempted to obstruct justice and there are several other reasons why he might not report it immediately or otherwise:

1. When the memo was written it didn't clearly establish a pattern of conduct constituting obstruction, but it memorialized the discussion should further efforts to influence the investigation be forthcoming. In and of itself, it doesn't establish obstruction of justice, but might be relevant in context of future behavior.

2. He wanted to follow up with further investigation of what the intent actually was in Trump asking what he did.

3. Heck, it could be just to document that discussions between Trump and Comey were exceedingly different in tone and content than Trump's tweets and fake news claims.

4. Hell, it could have even been to protect himself in the future from claims by Trump as to the nature of conversations he had with Comey that might not be true....and there would be nothing wrong with that.

5. Finally, it could be that it was just his practice to document contemporaneously any discussions or contacts he had to the investigative file for future reference should he be asked or if there was a contention by someone that there had been no contact. Comey is known for doing this, it's pretty common to do this in many LE agencies, and it's a good idea to do so in my opinion.

That's just my two cents.

Besides all that, doesn't giving the memo to other members of the FBI fulfill his obligation to report to civil authorities?

I would say so.

The article started off with the flawed premise that he has a statutory duty to report any felony crime he discovers in an investigation to the AG's office and the entire argument is based on that flawed premise.

 

[Been Jammin]

Sort of like James Comey sharing now what he could have -- and by law should have -- shared three months ago.

 

[AC_Exotic]

I heard eating orange peels can be good for your health.

http://www.globalhealingcenter.com/natural-health/lung-cleansing-benefits-orange-peel/

Yep. I was correct.

 

[HighStickHarry]

I heard eating orange peels can be good for your health.

http://www.globalhealingcenter.com/natural-health/lung-cleansing-benefits-orange-peel/

Yep. I was correct.

Been jammin loves him some fake news.