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 endeavors to influence, obstruct, or impede, the due administration of justice, shall be (guilty of an offense).” Persons are charged under this statute based on allegations that a defendant intended to intefere with an official proceeding, by doing things such as destroying evidence, or intefering 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.
The above is federal law and its counterpart here in the great state of Texas is found in the Texas Penal Code, Title 8, Chapter 38. The range of specific offenses is broad thereby giving law enforcement personnel and prosecutors a ‘Plan B’ when a primary criminal charge fails to punish a defendant. Sec. 38.15. INTERFERENCE WITH PUBLIC DUTIES is the ‘catch 22’ clause.
An example of abuse of the law in Texas
A police officer stops a driver on a suspicion of possible drunk driving. There is no obvious smell of alcohol. When the officer orders the driver to perform specific physical activities and the driver is either unwilling or incapable of one or more physical activities, the arresting officer will charge the driver twice: driving while intoxicated and obstruction of justice.
A blood test may indicate no or below legal limit alcohol, but the officer is determined to book the driver into jail because, in the officer’s mind, this person deserves punishment for not following orders.
The lawyers get the DWI charge dropped, but the prosecutor doesn’t want the arresting police officer to feel bad or look bad, so the obstruction of justice charge remains. In a plea bargain, the prosecutor persuades the defendant to plead guilty to obstruction in order to avoid jail time.
I describe a non-fictional scenario of a woman driver who was essentially stalked on public streets by a police officer. He demanded she performs a physical exercise she was incapable of doing due to a heart condition.
Mueller’s application of the Obstruction of Justice charge
The sole purpose of the special prosecutor was to investigate an alleged unlawful Trump-Russia collusion in the 2016 election.
What evidence has Mueller uncovered? None. In fact, he brought indictments against 13 Russians. Along the way, from the very beginning, there was and is overwhelming evidence of criminal acts by the Clinton campaign, the DNC, and the FBI. But, no charges.
In search of something, anything, he can use to bring down President Trump, Mueller casts a net far beyond the legal authority of a special prosecutor. Mueller’s strategy is apparently now one of ensnaring Trump associates with charges that may or may not be valid. When the federal government with its unlimited resources and hordes of FBI special agents and lawyers goes after a citizen, the feds will win. Mueller crushes the victims then offers a plea deal to testify against President Trump, knowing the President will be unable to pardon a guilty plea.
Robert Mueller is, without a doubt, acting on behalf of the deep-state bureaucrats to undo the 2016 presidential election.
Donald Trump’s election was supernatural and predicted beforehand by noted prophets. Lance Wallnau, for one, predicted Mr. Trump would become the 45th president based on Isaiah 45, describing him as a type of Cyrus who would be like a wrecking ball to the deep-state bureaucrats and politicians.
What Robert Mueller is doing is an obstruction of justice.
We are instructed to pray for all in authority.