Quote (Goomshill @ Feb 12 2020 10:54am)
I think a good thought experiment is this:
Say a man is arrested for jaywalking or whatever minor crime. Rather than plead out, he foolishly takes it to trial. While clearly guilty of the minor crime, he tries to coerce witnesses against him and tweets about the trial in violation of a gag order, and posts a vaguely, possibly threatening message about the judge in the case. He then gets convicted of jaywalking, witness intimidation and obstruction.
For an underlying minor crime that shouldn't even result in a jail sentence normally, does it reasonably escalate it to a decade of imprisonment on par with manslaughter / rape / etc for all the obstruction?
Should attempts to interfere in law enforcement be treated so severely even if the underlying conduct wasn't heinous?
If a man steals a loaf of bread, then tries to escape prison four times and resists capture, should he get 19 years in prison?
I think Roger Stone could pass for an unrepentant valjean. All the bad and none of the good, and he stole the loaf for himself when he was already fat.
2 issues with your thought experiment.
1. neither Stone nor Clinton were violating a law. one was a horndog the other a career liar and clout chaser. so there wasn't exactly an option to take the jaywalking ticket. Clinton could have admitted to the affair, and Stone could have admitted to being a liar. Clinton would have been lambasted, but not been impeached. Stone's career would be over but he'd be free. so the option was kinda there, and both should have taken the option. Stone specifically seems to have been counting on a POTUS pardon, very silly of him.
2. impeding an investigation isnt on par with lying to congressional investigators. in a jaywalking case the number of people affected are small, with respect to congress impeding affects the nation. only minorly, but it adds up when its lying to the governing body of 400 million americans. lying to congress holds harsher punishments for this reason.
as to the last part it's not as serious because of what you're covering up, but both should be prosecuted as the same crime and the severity should be handled in sentencing. Cochran gets max, vandal gets min.