Was it obstruction of justice when President Trump said to then-FBI Director Jim Comey, "I hope you can let it go." Was it New York conversation? The Monday morning pundits are all over the question following Comey's testimony.
New Jersey's Governor Chris Christie said Trump was using "normal New York City" speech when Trump spoke with Comey.
New Yorkers were quick to push back.
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Most New Yorkers know that ‘normal conversation' consists of a garbled public address message about local trains making express stops usually followed by unprintable language which is followed by someone yelling, "What time is it?"
Conversations in New York are conducted at full volume and often accompanied by baseball bats or a bird's whistle. It if doesn't include real estate, transit routes or the best place to eat, the conversation is far from ‘normal.'
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Deborah Tannen, a native of Brooklyn and now a professor of linguistics at Georgetown University said she hadn't seen any elements of ‘normal' New York conversations in Trump's comments — particularly his indirect suggestion that Comey lay off Michael Flynn.
"That's contrary to New York style," Tannen said. "Normal conversations here are characterized by an emphasis to involve the other person — not being considerate."
Criminal defense attorney Arkady Bukh agrees. "New York discussions are a matter of speed — not content. Most persons here don't have time for a filter. They just say things," Bukh said.
Wikipedia defines ‘obstruction of justice' as the crime of obstructing prosecutors or other officials. Common law jurisdictions, other than America, are apt to use the wider offense of perverting the course of justice.
Notable Examples
Richard Nixon was investigated for his part in the Watergate break-in cover-up. Despite it still being unknown if Nixon knew ahead of time the facts surrounding the brek-in, he was cognizant of the crime later and spent handed out some cash to silence the perpetrators.
Lewis "Scooter" Libby, a former Vice Presidential advisor to Richard Cheney, was successfully prosecuted for obstruction of justice for his part in leaking to the media the name of a CIA agent, Valerie Plame.
Barry Bonds was found guilty of obstruction of justice in 2011 for his deposition before the grand jury investigating the BALCO human growth hormone scandal.
Statute Text
Titled "Destruction, Alteration or Falsification of Records in Federal Investigations," the pertinent
federal statute is Section 802 of the Sarbanes-Oxley Act of 2002. Cornell Law School quotes the statute:
"Whoever knowingly alters, conceals, covers up, falsifies any record, document, or tangible object with the intention of impeding, obstructing, or influencing the infestation shall be fined imprisoned for not more than twenty-years — or both."
As It Applies to Trump/Comey
Idaho Senator James Risch used his time during Comey's testimony to question whether Trump had explicitly ‘ordered' or ‘directed' Comey to drop the investigation of Michael Flynn.
Comey admitted Trump used the words, ‘I hope,' and said he (Comey) took it as an order.
Risch continued to probe and finally seemed satisfied. "You don't know of anyone who's been charged for hoping something, have you?"
Comey shrugged and said, "I don't as I sit here.”
The brief discussion points to the debate of whether an explicit order is required for the definition of obstruction of justice.
Legal experts agree that the definition of obstruction of justice does not mandate a direct order be given that would quash or affect an investigation.
"The key question here is if the president acted with corrupt intent," said Arkady Bukh, a noted New York Criminal defense attorney.
"New York conversation is not talking in innuendo or a vague manner," Bukh added.
