tequila4kapp;842845303 said:
I am saying:
1. Because the investigation was not impeded or halted there cannot be obstruction of justice. [this is obviously an opinion that may be factually wrong; lawyers on the board feel free to chime in here]
2. I am not aware of a crime called "attempted obstruction of justice" but if such crime exists, Comey's opinion could matter.
3. To the extent Comey's opinion might matter it is superceded by the explanation of the person who actually said the words (minus some overt indisputable evidence supporting Comey's opinion, which does not exist).
Obstruction of Justice includes attempt:
a person who "corruptly or by threats of force, or by threatening letter or communication, influences, obstructs, or impedes,
or endeavors to influence, obstruct, or impede, the due administration of justice" is guilty of the crime of obstruction of justice
Think about it. The FBI breaks in on you while you are shredding evidence that you were supposed to turn over. They put the shreds back together and nail you anyway. Under your theory, you didn't commit obstruction of justice.
3 is absolutely not true. It is a matter of a trier of fact to determine. Otherwise every intent crime would just boil to the accused saying they didn't intend to do it. "When I gave you the suitcase full of cash, I was just being generous and when I said it would be nice if somebody shoots that guy, I didn't mean for you to think I was giving you cash in exchange for shooting the guy."
Indisputable evidence is never the standard either. Trump's numerous tweets about the investigation and about Comey before he even fired him could be other evidence of his state of mind. As could his answer to Lester Holt. And his reported attempts to get his intelligence chiefs to intervene on the probe would be relevant too - if the investigation goes in that direction they will have to answer the question.
And I keep saying this and others have pointed out the same thing. People can parse words on statutes if they like. Impeachment is a political process, not a criminal one. The president doesn't have to violate a statute or penal code to be impeached. Abuse of power is enough. It boils down to whether there are the votes in congress. That is it. Obviously for both ethical reasons and political reasons, Congress should not impeach lightly. As i pointed out, it is not illegal for the president to give launch codes to North Korea, but he would surely be impeached for it. Practically it comes down to whether the people want the president out and they think he has behaved badly enough to use the impeachment process.