The argument is that Article II gives the president authority to control the executive branch, including law enforcement and personnel, the New York Times explains. The president couldn’t be charged with obstruction for firing FBI Director James Comey because the judicial branch would have to second-guess whether the president properly exercised his constitutional authority.Comey has claimed that Trump asked before his firing if he could see his way to letting go of the investigation of former National Security Adviser Michael Flynn, an allegation denied by Trump.Lawyer John Dowd made the Article II argument to Axios, while Harvard law professor Alan Dershowitz expressed his opinion on Fox & Friends. The Hill and the Washington Examiner covered Dershowitz’s comments, while the Washington Post and the New York Times examined the argument.Dowd told Axios that the “president cannot obstruct justice because he is the chief law enforcement officer under [the … [Read more...] about Does Article II protect Trump from obstruction of justice charges?
Obstruction of justice meaning
A Savannah, Ga., personal injury lawyer known for his television ads has been accused of raiding $950,000 from his law firm’s pension plans.Benjamin Sheftall Eichholz was accused in a 77-count federal indictment of embezzling the money from the employer-funded plan at the Eichholz Law Firm from 2001 to 2008, the Morris News Service reports. The government alleges he used part of the money—$56,100—to buy Flora Danica fine china, on display at his home.Eichholz maintains the china was an investment by the pension plan, according to News3OnYourSide.A press release (PDF) summarizes the charges, including embezzlement, money laundering, mail fraud, obstruction of justice, and making false statements in pension documents and to government investigators.Eichholz is known for his TV ads featuring actor Robert Vaughn telling potential clients “you mean business” if you are represented by the Eichholz firm. … [Read more...] about PI Lawyer Known for ‘You Mean Business’ TV Ads Accused of Embezzling $950K
The first European citizen to be extradited from Europe to the United States for criminal antitrust conduct recently succeeded in having a Berlin court refer the matter of his extradition to the Court of Justice of the European Union (CJEU) in the context of his damages action with regard to his extradition, after a series of multiple setbacks and a 24-month period of imprisonment. BackgroundIn March 2010, marine hose manufacturer Parker ITR, headquartered in Italy, pleaded guilty to fixing prices, rigging bids and allocating market shares for marine hose products. From 1999 to 2006, Mr. Pisciotti was Parker ITR’s oil and gas business unit manager. Before US antitrust authorities uncovered the alleged marine hose cartel, Mr. Pisciotti moved to Orlean Invest, a logistics support company for the oil and gas industry, with offices in Nigeria. Mr. Pisciotti was carved out of the release in his former company’s plea agreement and was not given non-prosecution protection.Because … [Read more...] about CJEU to Rule on Extradition of EU Citizens in Criminal Antitrust Proceedings
On April 4, 2014, the U.S. Department of Justice, Antitrust Division announced a milestone victory, having successfully litigated its first extradition for an alleged antitrust violation. Romano Pisciotti, an Italian national and former Parker ITS Srl executive, was extradited from Germany for his involvement with the marine hose cartel, almost seven years after the Division began its investigation with raids in Houston, Texas on May 2, 2007. Pisciotti was arrested in Germany on June 17, 2013, and surrendered to the U.S. authorities under the terms of the U.S.-Germany extradition treaty, which provides for extradition where the alleged offense is punishable under both German and U.S. federal law.Prior to Pisciotti’s case, in 2010, the Division won a protracted battle to extradite Ian Norris, formerly the Chief Executive Officer of Morgan Crucible, who was alleged to have fixed the prices of carbon products and concealed evidence relevant to the Division’s … [Read more...] about What Does the First-Ever Extradition on an Antitrust Charge Mean for the Auto Parts Investigation?
Donald Trump that are truly unprecedented, his impeachment, should it happen, wouldn’t be nearly as fresh and unique. The House of Representatives has already drafted Articles of Impeachment against a President who grossly misused his authority, received illegal emoluments, and obstructed justice on a grand scale; those Articles never lived out their full potential though, because President Richard Nixon resigned before standing trial before the Senate. In an impeachment of President Trump, Congress could do the most efficient thing – and just redline the Articles of Impeachment (some that were adopted and others that were rejected) from 1974. There are differences, of course, but as goes the familiar political expression, “there’s much more that unites them than divides them.”Of course, while Trump has acknowledged certain facts related to allegations against him (giving intelligence information to Russian officials), others are still under … [Read more...] about Here’s What Potential Trump Articles of Impeachment Might Look Like (Spoiler Alert: Think Nixon)
Donald Trump is being investigated by the FBI for obstruction of justice. Trump pretty much confirmed the probe during a weekend tweet, despite his new attorney going on the cable news circuit to deny that his boss was under investigation.Legal scholars have debated whether, based on his interaction with former FBI Director James Comey, Trump violated federal law with the intent to “corruptly influence” an investigation. Pundits have pontificated about whether Trump’s lawyer would even know if the FBI was investigating, and whether he should cooperate. However, what’s been pretty much ignored during this entire mess is that even if federal investigators find evidence that Trump committed obstruction of justice, the Department of Justice likely can’t do anything about it. That’s because almost all legal scholars agree that sitting U.S. presidents are immune from indictment for the duration of their presidency. … [Read more...] about Why President Trump Won’t Be Indicted For Obstruction of Justice
Wednesday brought a new CNN report that claims fired FBI Director James Comey will testify publicly before the Senate Intelligence Committee. Not only that, but he is expected to say President Donald Trump pressured him to end the feds’ investigation into former National Security Adviser Michael Flynn. If this report pans out, then a question gets raised: Could Trump do this? If the allegation gets proven, would this be legal?A New York Times report from May 16 claimed that Trump asked Comey to end the investigation into Flynn.“I hope you can see your way clear to letting this go, to letting Flynn go,” the president allegedly said. (The White House denied that report.)For months, the President’s critics have thrown around the term “obstruction of justice,” especially when discussing the possibility of impeachment. Professor Jonathan Turley, of George Washington University Law School, says that … [Read more...] about If Comey Testifies Trump ‘Pressured’ Him to End Russia Investigation, Legally, Is That Obstruction of Justice?
White House request to knock down recent stories of a Trump-Russia link. Many, who are certain that Trump is a puppet of the Kremlin, have pointed to this as proof that there is truth to the claims that President Donald Trump‘s campaign advisors communicated regularly to the Russians during the 2016 presidential campaign. But, in reality, the FBI’s lack of response proves absolutely nothing about that. In my opinion, that is a non-story. The alarming story is that the Trump administration even asked the FBI to do such a thing if indeed that is what happened. Not only did the White House violate decades-old procedures that limit communications with the FBI on ongoing investigations, the move was unethical. Some legal scholars have even gone so far as to say it could amount to obstruction of justice as well. That is a crime.According to the CNN report, White House Chief of Staff Reince Priebus was trying to dispute … [Read more...] about Did Trump’s White House Just Obstruct Justice? Some Legal Experts Think So.
The Washington Post reported that, according to their sources, special counsel Robert Mueller‘s investigation is now looking into President Donald Trump for possible obstruction of justice. Thursday morning, POTUS responded in typical fashion, discrediting the story.Clearly, “they” are the fake news media, who are supposedly out to get Trump at all costs, making up stories in the process. Of course, there’s no way that Trump can know whether the Post‘s story is phony, because neither he nor Attorney General Jeff Sessions, nor Deputy AG Rod Rosenstein have anything to do with the investigation.Now, assuming the story is true, it still doesn’t amount to much just yet. We already knew it was a possibility that Mueller was looking into an obstruction case. Former FBI Director James Comey indicated to the Senate that he was “sure” that Mueller would be looking into the matter. While Comey likely had … [Read more...] about Trump Obstruction Story May Not Be ‘Phony,’ but It Ain’t Much
‘X Killer arrested’, was the headline in almost all newspapers in Kerala, when Kerala Police took an Assam native in to custody in connection with the murder of Perumbavoor Dalit Law Student [X]. Who told the Media that he is the Killer? Did the Police say so? The police arrested a person who they believe has committed this heinous crime and they might have their own theories and evidence to prove that. But these theories and evidence have little value unless they pass through a trial before the court. In numerous case laws, it has been held by the Apex Court that Fair trial is a fundamental right of an Accused.While browsing through case laws, I came across these observations made in a report referred in a Judgment of House of Lords “It is sometimes asserted that no judge will be influenced in his judgment by anything said by the media and consequently that the need to prevent the publication of matter prejudicial to the hearing of a case only exists where the … [Read more...] about Kerala Nirbhaya Murder: Do not poison the fountain of Justice before it begins to flow