Nope, Pence indictment is what I'm craving. I imagine Manafort selected Pence to be the "good cop", the one who'd survive the inevitable firestorm. But even Pence isn't made of asbestos - an inauguration free-for-all under his complete supervision will have criminal neglect/conspiracy if not the mother of all "we didn't know defense" charges - specifically "Misprision of Felony":
Wikipedia:
"Misprision of felony" is still an offense under United States federal law after being codified in 1909 under 18 U.S.C.§ 4:
Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.
This offense, however, requires active concealment of a known felony rather than merely failing to report it.[9]
If one knows that one is a target of a federal investigation, it is illegal under the Sarbanes-Oxley Act to erase one's browser history intentionally. Khairullozhan Matanov was prosecuted for erasing computer records about his friends, Dzhokhar and Tamerlan Tsarnaev; he pleaded guilty to a lesser included offense in 2015.[10][11]
The federal misprision of felony statute is usually used only in prosecutions against defendants who have a special duty to report a crime, such as a government official.[12]
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But in California you can be charged for less:
Penal Code section 31 describes the phrase “aiding and abetting” as meaning that you assisted another person to commit a crime. Prosecutors can charge you as an aider and abettor whenever you:
Know the perpetrator’s illegal plan,
Intentionally encourage and/or facilitate that plan, and
Aid, promote, or instigate in the crime’s commission.
In Massachussetts, it's an "evil" intent to prevent justice. (while an innocent witness got off because of covering her infidelity, it's doubtful that the head of the transition team can get such a bye)
In Texas there has to be possible bodily injury or death.
In Virginia it's left over from Britain's Common Law, though only a misdemeanor of up to a year in jail:
XI. Analogous to the preceding offence is misprision of felony ie the concealment of a felony which a man knows of but never assented to for if he assented to it this makes him either principal or accessory. The punishment of this misprision in a public officer by the statute Westrn 1 3 Edw 1 c 9 is imprisonment for a year and a day in a common person imprisonment for a less discretionary time and in both fine and ransom at the pleasure of the crown which pleasure must be observed once for all not to signify any extrajudicial will of the sovereign but such as is declared by his representatives the judges in his courts of justice voluntas régis in curiâ non in camera.
Concealment in this case, does not mean actively hiding something. Instead, as is made clearer in the section on misprision of treason, this type of concealment is merely a failure to report as soon as possible.
This concealment becomes criminal if the party apprised of the [act] does not as soon as conveniently may be reveal it to some judge of assize or justice of the peace.
The biggest question in the Federal use is "what does 'conceal' mean?"
Comments
Heh, money quote:
But even among his own political lieutenants, there is a general recognition that Mr. Trump currently lacks anything resembling a positive message.
by artappraiser on Mon, 02/04/2019 - 11:37am
In other news:
by artappraiser on Mon, 02/04/2019 - 11:28pm
Nope, Pence indictment is what I'm craving. I imagine Manafort selected Pence to be the "good cop", the one who'd survive the inevitable firestorm. But even Pence isn't made of asbestos - an inauguration free-for-all under his complete supervision will have criminal neglect/conspiracy if not the mother of all "we didn't know defense" charges - specifically "Misprision of Felony":
Wikipedia:
"Misprision of felony" is still an offense under United States federal law after being codified in 1909 under 18 U.S.C. § 4:
This offense, however, requires active concealment of a known felony rather than merely failing to report it.[9]
If one knows that one is a target of a federal investigation, it is illegal under the Sarbanes-Oxley Act to erase one's browser history intentionally. Khairullozhan Matanov was prosecuted for erasing computer records about his friends, Dzhokhar and Tamerlan Tsarnaev; he pleaded guilty to a lesser included offense in 2015.[10][11]
The federal misprision of felony statute is usually used only in prosecutions against defendants who have a special duty to report a crime, such as a government official.[12]
==================
But in California you can be charged for less:
In Massachussetts, it's an "evil" intent to prevent justice. (while an innocent witness got off because of covering her infidelity, it's doubtful that the head of the transition team can get such a bye)
In Texas there has to be possible bodily injury or death.
In Virginia it's left over from Britain's Common Law, though only a misdemeanor of up to a year in jail:
The biggest question in the Federal use is "what does 'conceal' mean?"
by PeraclesPlease on Tue, 02/05/2019 - 4:52am