Monday, March 09, 2020

..."an endeavor to influence a judicial proceeding!"

George Parry is an attorney in Philadelphia. In a recent article in the American Spectator, he took up the subject of Senator Schumer's recent threats to Justices Kavanaugh and Gorsuch.
...the federal Obstruction of Justice statute, which defines “obstruction of justice” as an act that “by any threatening letter or communication, influences, obstructs, or impedes, or endeavors to influence, obstruct, or impede, the due administration of justice”

All of this came to mind Wednesday when I heard Sen. Schumer’s address to the pro-abortion rally on the steps of the Supreme Court in which he warned Justices Gorsuch and Kavanaugh that “you will pay the price. You won’t know what hit you if you go forward with these awful decisions.” The “awful decisions” was an obvious reference to how the justices are expected to rule in the abortion rights case that had occasioned the rally.

Is there any way to interpret these astounding remarks other than as an endeavor to influence a judicial proceeding?

Schumer may have been threatening Gorsuch and Kavanaugh with impeachment. But for purposes of establishing criminal liability that is irrelevant. Under the statute, a threat of any kind made to influence their decisions in an ongoing case is prima facie proof of obstruction of justice. No threat of violence is required.

The senator’s actions warrant either an arrest or, at the very least, a formal investigation for endeavoring to obstruct justice. They could also warrant similar treatment for threatening to assault the justices, since on its face Schumer’s remark regarding “what hit you” could also be understood as a threat of violence or as an incitement to the crazies who infest our bitterly divided society to take action.

After all, as Schumer should be aware, it wasn’t that long ago that the Republican House of Representatives baseball team was gunned down by a deranged Bernie Sanders supporter.

...The only question now is whether or not, under our two-tiered system of justice, the Democrat senator from New York will be immunized by his office from either investigation by the Justice Department or arrest for endeavoring to obstruct justice.
Read more here.

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