Department Of Justice, FBI, United States discussed on Mueller, She Wrote
Subject to the jurisdiction united states conspire to overthrow put down or destroy by force. The government of the united states or to levy war against them or to oppose by force the authority of or by force to prevent hinder or delay the execution of any law of the united states i e the certification of the election. How is that not a federal crime and and do you think the department of justice has enough predication to at least open an investigation into into this. Yeah so so just to be clear. I'm not saying conclusively that there's no crime was committed here. I just haven't really thought through in own way. Exactly what the best route to a violation of federal law would be but since somebody has been reading her federal code book again. I think the important thing to note here is First of all from the fbi side with this be something that the fbi would investigate. What would if the department of justice being the witness and involved in this thing would have to refer it to the fbi for investigation and so that really puts the ball in the in department. The dj's corner If the fbi had somehow come across this on their own could there be predication to open investigation. Yeah there probably could be but an investigation of a political matter like this is by definition what we refer to as sensitive invest sensitive investigative matter. And so we would have to very quickly notify. Doj that we had opened such a case and then doj would have the opportunity if they wished to tell us. Proceed no further. You know for whatever reason we don't we don't think you should investigate this. So my point is that doj really is always in a very decisional position to decide. You know what. We don't think this should be investigated because it's against doj policy or. We don't believe you know the facts warrant investigation at decide. What what have you. That's the prosecutorial discretion right. So in this case they would have to have referred to the fbi investigation and in order to do that. They must have they would have to. I decide that they wanted it. Investigated is very possible that they would decide that. It was not enough to investigate. Simply because those sorts of cases that you're referring to sedition cases even obstruction of justice cases. Very very tough cases to prove especially when they are interlaced with what might be a first amendment protected political speech. That's kind of like the achilles heel to really any obstruction ks or certainly sedition case. So there's all kinds of very complicated legal math. That needs to be done on this thing and i certainly haven't had a chance to do that. Maybe not even the best person to do it but I'm sure if you've got five prosecutors together Two of them would say yes to would say no and the middle one but say he didn't know probably. You're probably right. I that i agree with the obstruction of justice stuff. Though that's plain as fucking day. Andy and i think that that needs to but i share your interest in getting all. These things investigated. I just wanna know. I wanna know it holding people accountable. That's what that's how this is supposed to work. And not being derelict in your duty. That's right that's right duty that when people were calling for impeachment and they say well why bother the senate's not gonna convict anyway. Why bother because it is the duty of the congress to impeach president for. Let's think about this right. He was impeached not once but twice for essentially abusive right for abusing the office If if congress had known about this telephone call that took place on december twenty seven. Do we think that might have changed their approach to the impeachment proceeding round too. I mean how could it not right so there was all this evidence of additional abuse of power just sitting. There never got considered never got brought to the table It's really unfortunate. Can't imagine all of the stuff that's going to come out that we have no idea happened but we know about this a little but yeah i think there's gonna be tons of it to common and i appreciate your time today. Thank you so much and everybody. He's not on twitter. You can't follow him while flop. We want you get on twitter. We're going to start a campaign or any mccabe on twitter but you can buy his book the threat. You can get that wherever you get your books. It's an amazing book. Will you can listen to it. Listen to we have episodes all about it. That is an amazing. I'll say thank you very much. And i appreciate your time. Andy mackay have a good day. Thanks all right everybody. Are you ready for sabotage.