QUESTION: Is attempted obstruction of justice against the law?

[uponit7771]

QUESTION: Is attempted obstruction against the law?

thx in advance

[qazplm135]

1. depends on the facts but yes

in general, any attempt of a crime is usually a crime itself, punishable (usually but not always) to the same maximum as the crime itself.

If I point a loaded gun at you, and fire, and it misfires...I'm guilty of attempted murder.

If I try to obstruct a criminal proceeding, and I fail...I'm guilty of attempted obstruction.

There are caveats there around what your intent was, did you take a significant step towards completing the crime, did you withdraw, etc.

[uponit7771]

3. THX !!

[Tommy_Carcetti]

2. Yes.

Obstruction can be an inchoate (attempted) offense as well as an active one.

[uponit7771]

5. +1

[a kennedy]

11. + 1000

[coti]

4. Yes, it is the intent that matters, not success

As such, there is no such crime as "attempted" obstruction, because that's just obstruction

[Ford_Prefect]

6. If you conspire with others to obstruct you can also be charged.

There are some caveats about whether you will be but the charge can be made that you did.

[spanone]

7. If you rob a bank and get away without any money is that against the law?

[uponit7771]

8. +1, why is this not addressed in the Mueller Report !? Or even accessory after the fact.

[spanone]

9. wish i knew

[uponit7771]

10. I'm still holding out for Mueller that he was told not to address these issues by Sessions or Barr

... or that Barr cut this out of the Report.

I do understand Mueller wasn't supposed to be looking for each and every traffic ticket but some of this is overt and in the open and significant relative to the underlying issue of working with the Russians to win the 16 election.

[coti]

12. Oh, but what if you're "angry and frustrated" when you rob the bank? nt

[uponit7771]

14. IKR !?!?!

[spanone]

16. well, that's a different standard...you immediately get off scot free

[tinrobot]

13. People go to jail for attempted murder and attempted fraud. This is no different.

Sure, the crimes are different, but attempting a crime and failing is no excuse.

[uponit7771]

15. I'm wondering why Mueller skipped this part ... the attempted sounds just as bad as the actual

... crime itself.