Thread by @jedshug

Crime of the day:
Misprision, 18 USC 4:
One, having "knowledge of the actual commission of a felony, conceals and does not as soon as possible make [it] known...to some authority."
Especially for public officials.
Cc: @SecPompeo, Barr.

My 2017 explainer:
shugerblog.com/2017/09/04/pen…

@SecPompeo 2/
Roberts v US, 445 US 552 (1980):
"Concealment of crime has been condemned throughout our history. Although the term 'misprision of felony' now has an archaic ring, gross indifference to the duty to report known criminal behavior remains a badge of irresponsible citizenship..."

@SecPompeo 3/ "This deeply rooted social obligation is not diminished when the witness to crime is involved in illicit activities. Unless his silence is protected by the privilege against self-incrim, the criminal defendant no less than any other citizen is obliged to assist authorities."

@SecPompeo 4/ Modern courts have limited the scope of misprision:

1) requiring active steps (either concrete or verbal) to conceal
2) holding public officials to a higher standard.

Misprision charges are rare.
But @SecPompeo, Barr, and probably others seem to meet both requirements.

@SecPompeo 5/ Barr and Pompeo must recuse from all matters re: Ukraine, Biden, & foreign contacts about Mueller.

If they don't recuse now, impeach.
If they don't recuse after that, they increase risk of obstruction/misprision conviction.
cnn.com/2019/10/02/pol…