The investigation wasn't phony... and obstructing justice is very real
This morning the president posted,
"They made up a phony collusion with the Russians story, found zero proof, so now they go for obstruction of justice on the phony story. Nice"
What's funny here is that there's no "phony" in front of Obstruction of Justice Investigation. It seems that's very real... "Nice" might not be a strong enough word.
If, for the sake of argument, I had absolutely nothing to do with a crime but found the investigation of that crime to be inconvenient and I attempted to thwart that investigation, I would be breaking the law. This is regardless of the merits of the investigation. I would be liable for prosecution. I know this and I'm not the president... presumably Mr. Trump knows this because he is by all accounts smarter than I am... it's weird that he wouldn't have seen that one coming. Those tricky cops are always out to get ya...
But I digress... and this is an FYI to everyone out there living in a rule of law system...
Obstruction of justice is defined in the omnibus clause of 18 U.S.C. § 1503, which provides that "whoever . . . . 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 administration of justice, shall be (guilty of an offense)." Persons are charged under this statute based on allegations that a defendant intended to intefere with an official proceeding, by doing things such as destroying evidence, or intefering with the duties of jurors or court officers.
A person obstructs justice when they have a specific intent to obstruct or interfere with a judicial proceeding. For a person to be convicted of obstructing justice, they must not only have the specific intent to obstruct the proceeding, but the person must know (1) that a proceeding was actually pending at the time; and (2) there must be a nexus between the defendant’s endeavor to obstruct justice and the proceeding, and the defendant must have knowledge of this nexus."
This is something we should all try to avoid doing... no matter our capacity. Now, this does not mean the first case has no merits... the Russian Hacking was and is a very real act and that investigation is right and just. The obstruction of justice investigation is also right and just. The reason it is just is because even if it bears out that nothing illegal happened with the Russians, the investigation was lawful and in the interests of the country. Impeding that investigation by firing the lead investigator was not only a terrible mistake it was wrong and is illegal. Impeding the obstruction of justice investigation would also be wrong and illegal... I guess this would be directed at those who are in a position to do so... I would personally advise against it...