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About what you're not going to talk about today so let's talk about something that you should be able to talk about, the law itself. the underlying obstruction statute and you're creative legal analysis of the statute in volume two. particularly your interpretation of 18 usc 1512-c, section 1512-c is an obstruction of justice statute created as part of auditing and financial regulations for public companies. as you write on page 164 of volume two, this provision was added as a floor amendment in the senate and explained as closing a certain loophole with respect to document shredding. and to r...

Failed to separately apply the elements of the applicable statutes. i looked at the 10 factual situations and i read the case law. and i have to tell you, just looking at the flynn matter, for example, the four statutes that you cited 1503, 1505, 1512 b 3 and c 2. when i look at those concerning the flynn matter, 1503, there wasn't a grand jury or trial attorney impanelled. director comey was not an officer of the court. section 1505, acts that would impede administrative proceedings. the department of justice criminal resource manual states that the investigation is not a pending proceeding. ...

Not a witness. and certainly director comey was not a witness. and 1512 c 2 talks about tampering with the record as joe biden described the statue as being debated on the senate floor. he called this a statue criminalizing document shredding and there's nothing in the -- in your report that alleges that the president destroyed any evidence. so what i have to ask you, and what i think people are working around in this hearing is -- let melee a little foundation. the ethical rules require that a prosecutor have a reasonable probability of conviction to bring a charge. ; is that correct. >> soun...

So let's talk about something you should be able to talk about, the law itself. the underlying obstruction statute and your creative legal analysis of the statutes in volume two, particularly your interpretation of 18 usc 1512c, an obstruction of justice statute part of auditing companies for financial regulations. as you write, this provision was added as a floor amendment in the senate and explained as closing a certain loophole with respect to document shredding. whoever corruptly alters or conceals a document or other object with intent to impair the object's integrity or availability for ...

Alleged obstruction and then you failed to apply the elements of the applicable statutes. i looked at the ten factual situations and i read the case law and i have to tell you just looking at the flynn matter for example the four statutes that you cited for possible obstruction when i look at those concerning the flynn matter, 1503 is -- it wasn't a grand jury or a trial jury impanelled and director comey was not an officer of the court as defined by the statute. section 1505 criminalizes acts that would have obstructed or impeded administrative proceedings before congress or the administrativ...