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Just to be clear, the complaint charges Sullivan under these two federal criminal statutes: 18 U.S. Code § 1505. Obstruction of proceedings before departments, agencies, and committees -- [...] Whoever corruptly, or by threats or force, or by any threatening letter or communication influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, or the due and proper exercise of the power of inquiry under which any inquiry or investigation is being had by either House, or any committee of either House or any joint committee of the Congress— Shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. 18 U.S. Code § 4. Misprision of felony -- 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. 18 USC § 4 is independent of any federal investigation, unlike § 1505. The complaint itself lists quite damning facts. Have a read, it's quite readable. [0] [0] https://assets.documentcloud.org/documents/7041237/Joseph-Su... |
"The panel affirmed the long-established federal rule that “[t]o establish misprision of a felony,” under 18 U.S.C. § 4, “the government must prove beyond a reasonable doubt: ‘(1) that the principal . . . committed and completed the felony alleged; (2) that the defendant had full knowledge of that fact; (3) that he failed to notify the authorities; and (4) that he took affirmative steps to conceal the crime of the principal.”"
[0] https://www.whitecollarbriefly.com/2017/06/07/9th-circuit-cl...