Exactly: It isn't misprision of a I-dunno-if-it-is-a-felony.
This started with (of course) FOX: Gregg Jarrett: Comey's revenge is a gun without powder
Jarrett wrote:Under the law, Comey is required to immediately inform the Department of Justice of any attempt to obstruct justice by any person, even the President of the United States. Failure to do so would result in criminal charges against Comey. (18 USC 4 and 28 USC 1361) He would also, upon sufficient proof, lose his license to practice law.
at one point was actually a very successful lawyer; he is expected to know better. But:
18 U.S.C. sec. 4
28 U.S.C. sec. 1361
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.
The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.
Section 1361 grants jurisdiction to the federal district courts to hear mandamus petitions. It has nothing do with criminal charges or a duty to report. Jarrett is full-out bullshitting to sound impressive.
And misprision is not simply a duty to report. A non-ax-grinding hack would know better and not suggest otherwise.