Not true, I'm just not chasing your arguments in circles.
Ok your talking about 1505 and 1512
Michael Flynn was under subpoena, 'federal prosecutors had recently issued grand jury subpoenas seeking business records from associates of
Mike Flynn' (
CNN). That's a pending judicial proceeding:
The elements here have been variously described as; ”incompletely defined, redundant, and internally inconsistent”...“fairly incoherent, often overlapping, and overbroad—leaving much to the discretion of prosecutors.” (
Lawfare Blog)
In short maybe or maybe not, one thing is sure, Trump has got a ways to go before this is behind him.
It's really not that simple but Federal Law rarely is:
the former statutory scheme was organized on the basis of the identification of the victim of the illegal act as either a witness or party. Sections 1512 and 1513 eliminate these categories and focus instead on the intent of the wrongdoer. If the illegal act was intended to affect the future conduct of any person in connection with his/her participation in Federal proceedings or his/her communication of information to Federal law enforcement officers, it is covered by 18 U.S.C. § 1512. If, on the other hand, the illegal act was intended as a response to past conduct of that nature, it is covered by 18 U.S.C. § 1513. (Lawfare Blog)
So it really comes down to intent, whether past or future involvement in, 'communication of information to Federal law enforcement officers', or, 'past illegal act'. This is something Trump never understood about why Clinton was never charged, they couldn't meet the burden of proof with regards to intent.
It's also not at all clear he did not and I'm seeing definite signs of intent here. Flynn had recently had his business records subpoenaed, the FBI had also asked for more resources to widen the investigation.
I understand it well enough, your concluding the burden of proof is not met because it a certain statute doesn't apply to FBI investigations and there is no real proof of Trump's knowledge of impending judicial proceedings. These investigations have a much broader scope, counterintelligence investigations conducted under the auspices of the Attorney General is yet another problem with the superficial logic here.
Indeed, refusing to surrender the tapes was arguably his fatal mistake. My point is that all that was actually on the tape that implicated him in any kind of wrong doing is when he said, 'uh huh'. It wasn't Nixon, it was his staff and he was trying to protect them. I have no interest in revising anything. I am grieved at the resignation of Nixon, I was offended and embarrassed at the impeachment of Clinton I believed to be entirely political and the impeachment of Johnson was one of the great miscarriages of justice in American history.
I don't want Trump to go down like this, I want him to lose on the basis of a national consensus in an open election in 2020. I will resist and oppose much of his agenda as a Democrat and a concerned citizen because I think it's a pro status quo agenda that is detrimental to our economy and way of life.
However, he is President of the United States and has every right to pursue his agenda using every legal and political means at his disposal. I honestly hope he weathers this storm and learns to navigate these trappings more skillfully over time.
That said it is clear to me that there is more then ample evidence of obstruction that may well meet the burden of proof in an impeachment. Consider this:
So the real question boils down to this: Does the pattern of conduct that is emerging, in the view of a majority of the House of Representatives and a two-thirds majority of the Senate, constitute an obstruction of justice of a type that is grounds for impeachment and removal?
...In its impeachment function, Congress may not care how courts have narrowly defined “proceeding” or how precisely the conduct at issue maps onto to any specific criminal statute. Notably, Richard Nixon’s
articles of impeachment charged “interfering or endeavoring to interfere with the conduct of investigations by the Department of Justice of the United States [and] the Federal Bureau of Investigation.” The articles cite no criminal statute at all. (Lawfare Blog)
I'm not anticipating impeachment proceedings, not unless a fair number of Republicans smell a breach of the balance of powers as the did with Nixon. I think the solution is simple enough if Donald Trump has the maturity to be up to it. In the words of Joe Biden, 'Grow up Donald, it's time to govern'. And for future reference, my challenge to you was to make a substantive argument based on the statutory law you were making vague references to. You offer a substantive argument on the other hand, I'm happy to pursue the discussion at any length.
Grace and peace,
Mark