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Debate rages over Trump tweets and obstruction

Publisher: The Hill
August 4, 2018

Steven Cash was quoted in an article, "Debate rages over Trump tweets and obstruction," published by The Hill. The article discusses whether tweets can build an obstruction of justice case against President Trump in light of his recent tweet regarding special counsel Mueller's investigation into Russian interference during the 2016 presidential election. According to the article, legal analysts say that a single message would not form the basis for an obstruction charge, which is a difficult crime to prove in court. A prosecutor must persuade a jury beyond a reasonable doubt that a person's actions hindered an investigation and that the person intended to do so.

Cash told The Hill, "Intention in an abstract way is never directly proved. I have no way of knowing what is in your brain, and you have no way of knowing what is in my brain." But, he added, "we have outside indicators of that." Public statements, including tweets, can be used as an indicator to bolster a prosecutor's argument that a defendant had the intent to obstruct justice. Cash further commented, "Obstruction of justice is one of those crimes in which a lot of effort needs to go into proving to a jury what a person had in their mind when they were doing those things."


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