Each new day brings some new and catastrophic news about President Donald Trump. At least, that’s what the media wants you to think.
The latest “bombshell” from the leftist media is the supposed existence of a memo authored by former FBI Director James Comey that “proves” the President “obstructed justice.” At least this is what the media wants you to think.
Sadly, for the media, Comey’s memo cannot contain any such information. It. Just. Can’t.
If it did, it would mean problems for Trump, sure… but it would bring far-greater difficulties for James Comey.
Under the law, Comey is required to immediately inform the Department of Justice of any attempt to obstruct justice by any person, even the President of the United States. Failure to do so would result in criminal charges against Comey. (18 USC 4 and 28 USC 1361) He would also, upon sufficient proof, lose his license to practice law.
So, if Comey believed Trump attempted to obstruct justice, did he comply with the law by reporting it to the DOJ? If not, it calls into question whether the events occurred as the Times reported it.
Obstruction requires what’s called “specific intent” to interfere with a criminal case. If Comey concluded, however, that Trump’s language was vague, ambiguous or elliptical, then he has no duty under the law to report it because it does not rise to the level of specific intent. Thus, no crime.
There is no evidence Comey ever alerted officials at the Justice Department, as he is duty-bound to do.
Oh, but wait, it gets worse for Mr. Comey. Attorney Matt Wilson also cites 18 USC § 4 and then explains:
This is called misprision of a felony.
Concealing knowledge of a felony and failure to report is, itself, a felony.
First, if the former FBI director was taking notes of meetings where the President had allegedly told him to drop a criminal investigation (i.e., to obstruct justice), then why did Comey wait until now to reveal this? In fact, by keeping his notes private until now, he was concealing them. Right? (That is the first element of misprision — concealment.)
Second, if Comey did not reveal this information “as soon as possible … to some judge or other person in civil or military authority under the United States,” then that means only one of two things —
(A) Comey did not think the President had committed any crime, or
(B) Comey was committing a crime, himself, (i.e. misprision of a felony) in order to have something to hold over the President.
On the other hand, if he did, in fact, reveal this to a judge, or to the Attorney General, or to any other person in authority, then by revealing this information to the press, Comey may be impeding an active investigation.
So if these memos actually do exist, this does not look good for Comey. Which makes me wonder if they do, in fact, exist.
The point here is this; if this memo exists it doesn’t implicate President Trump for wrongdoing. If it did, then Comey would be creating a situation that would likely get himself thrown into a federal prison. So, while the memo may say something unflattering about President Trump that’s about as “devastating” as it will get.
Do these facts matter to the media? Nope. They are still out there hyperventilating about what some scorned employee wrote about his boss three months ago. Mark my words folks, and then later you can decide where the “fake news” is coming from, the Comey memo will prove to be meaningless tabloid fodder.