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  4. Joe Bloggs

     /  January 13, 2019

    An interesting analysis by Benjamin Wittes:

    “if it is correct that the FBI’s principal interest in obstruction was not as a discrete criminal fact pattern but as a national security threat, this significantly blurs the distinction between the obstruction and collusion aspects of the investigation. In this construction, obstruction was not a problem distinct from collusion, as has been generally imagined. Rather, in this construction, obstruction was the collusion, or at least part of it. The obstruction of justice statutes become, in this understanding, merely one set of statutes investigators might think about using to deal with a national security risk—specifically, the risk of a person on the U.S. side coordinating with or supporting Russian activity by shutting down the investigation.”

    https://www.lawfareblog.com/what-if-obstruction-was-collusion-new-york-timess-latest-bombshell

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