Obstruction of Justice...Trump
Another major crime echoing in the public discourse around the Russia Connection is obstruction of justice. Under 18 U.S.C. § 1505, a felony offense is committed by anyone who “corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation in being had by either House, or any committee of either House or any joint committee of the Congress.”
An accompanying code section, 18 U.S.C. § 1515(b), defines “corruptly” as “acting with an improper purpose, personally or by influencing another, including making a false or misleading statement, or withholding, concealing, altering, or destroying a document or other information” (emphasis added). This is where obstruction of justice intersects with the false statements law. If you knowingly and willfully make a false statement of material fact in a federal government proceeding, you’ve potentially violated § 1001, and when you add an objective to influence, obstruct, or impede an investigation, you’ve now possibly violated § 1505 as well. Perjury can intersect with obstruction of justice in the same way.
Under the statute, a “proceeding” can be an investigation. Section 1503 criminalizes the same conduct in judicial proceedings. So obstruction during an investigation might violate § 1505, while if that same investigation leads to a criminal prosecution, obstruction during the prosecution itself would violate § 1503. The individual also has to know that a proceeding is happening in order to violate the statute, and must have the intent to obstruct—that is, act with the purpose of obstructing, even if they don’t succeed.
https://www.lawfareblog.com/was-firing-james-comey-obstruction-justice
Ultimately the answer goes to the motives: Did the President or Attorney General intend for Comey’s firing to “influence, obstruct, or impede” the Russia investigation? Even if they had other reasons or goals—including perfectly lawful ones, such as concerns about the public’s perception of the FBI and the Director—if obstructing or impeding the Russia investigation was a goal, that would constitute obstruction of justice. Therefore, inquiries as to whether Trump’s conduct amount to obstruction will center on his motives.
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