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Old 11-16-2007, 07:52 PM
TMTTR TMTTR is offline
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Default Re: Barry Bonds indicted

[ QUOTE ]
vhawk,

it's obstruction, they just chose not to prosecute for it. people saying otherwise are just idiots.

[/ QUOTE ]

Then call me an idiot (everyone else has) since I am saying otherwise. The press is not under an obligation to keep grand jury testimony secret. The grand jurors and attorneys are the only under that obligation. In fact, the witness is generally permitted to walk out of the grand jury room and recite precisely what he told the grand jury.

Hiding information from an investigation to avoid prosecution of yourself or others is obstruction of justice.

Lying to mislead an investigation is obstruction of justice.

The publication of the information did not hinder the investigation in a material way and was not intended to obstruct the investigation.

Refusing to identify the leak is contempt (not obstruction) and they were held in contempt. You can always be quiet -- sometimes the law protects your silence (Fifth Amendment) and sometimes it does not (contempt). If Bonds had not been granted immunity, he would have had the right to remain silent. With immunity, he could have refused to answer and been held in contempt. By answering and answering untruthfully he committed perjury and possibly obstructed justice.
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