Is Joe Biden guilty of obstruction of justice?

Peter Fairbrother peter at tsto.co.uk
Wed Oct 9 13:39:55 PDT 2019


On 09/10/2019 21:02, jim bell wrote:
> I try to avoid posting "political" issues, or at least initiating them, 
> but Joe Biden just called for Trump to be impeached because Trump called 
> on Ukraine and China to investigate him, Joe Biden. >
> I wonder why this doesn't qualify as "attempted obstruction of 
> justice".   

Not even if Biden is guilty of something (for which we have 
approximately zero evidence) and was trying to hide it.

Trump was not performing the lawful investigative act of a Government 
official - whether or not his motive was purely the administration of 
justice, his act is clearly and specifically illegal under US election 
law - therefore obstructing that unlawful act cannot be obstruction of 
justice.

In a few other jurisdictions it might be considered to be perverting the 
course of justice - but it is not obstruction of justice as defined 
under US law, which is obstructing the lawful judicial actions of 
prosecutors, investigators or other Government officials.



If you have been following the Brexit implosion, there is a law here 
which says that (under some circumstances) Boris must ask the EU for an 
extension, which Boris has said he will not do, and also that he will. 
He definitely doesn't want to.

It has been suggested that he might ask a EU country to refuse the 
extension as a way of getting round the law. However if he did, and it 
meant Brexit happened, anyone who was in any way disadvantaged by Brexit 
could then sue Boris, as his action as Prime Minister would not have 
been lawful.



What was it Nixon said? "Well, when the President does it, that means 
that it is not illegal."

Nope, thankfully it doesn't work like that.


Peter Fairbrother


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