accessory after the fact

Libby Schaaf, the Mayor of Oakland, California has publically declared that she “tipped off” criminals who had committed federal felonies of impending law enforcement raids. She was explicitly clear that her intention was to prevent the arrest of hundreds of known felons. The fact that the criminals warned were illegal aliens has no material effect on the fact that her action was intended to hinder the apprehension of criminals who she knew had committed criminal acts.

Her action clearly falls within the scope of 18 USC 1512c section 3 which outlaws acting as an accessory after the fact, which occurs when “one knowing that an offense has been committed, receives, relieves, comforts or assists the offender in order to hinder his or her apprehension, trial, or punishment.” Prosecution requires the commission of an underlying federal crime by someone else. The mayor should be prosecuted as an accessory after the fact, and if convicted, the sentence should be an aggravated sentence based on the fact that she is using her political power explicitly to impede lawful process.

Since the Mayor has declared her guilt in public media, a grand jury should be convened immediately and her subsequent arrest and trial should be accomplished without delay.