Anonymous Liberal has unearthed what appears to be an incriminating e-mail in which Monica Goodling instructed DOJ personnel to destroy documents that were clearly pertinent to an ongoing Congressional investigation. The e-mail, dated February 12, 2007, states in relevant part:
These are new and updated USA documents which can be used with the media or friendlies. Please delete prior versions. . .
Why could this be a criminal situation? Because of the federal obstruction statute. This article provides a nice background on the subject:
The federal crime of obstruction of justice is defined by 18 U.S.C. § 1503 to include conduct that, among other things, corruptly endeavors to obstruct or impede the due administration of justice. To sustain its burden of proof, the government must prove that there was pending judicial proceeding, that the defendant knew this proceeding was pending, and that the defendant then corruptly endeavored to influence, obstruct, or impede the due administration of justice.
In applying the obstruction of justice statute to issues of destruction of documents, federal courts generally have not required that a subpoena have issued. Rather, it is sufficient for an obstruction conviction that the defendant knew that a grand jury was investigating possible violations of federal law and intentionally caused destruction of the incriminating document. U.S. v. Fineman, 434 F. Supp 197 (E.D.Pa 1977). ...
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