June 8, 2017

HE FIRED THE INVESTIGATOR:

I asked 6 legal experts if Trump obstructed justice. Here's what they told me. (Sean Illing,  Jun 8, 2017, Vox)

For Jimmy Gurulé, a law professor at the University of Notre Dame, Comey's statements are more damning: "It is difficult to construe President Trump's statements on February 14 to former FBI Director Comey as anything other than a request to terminate the FBI investigation of Gen. Flynn for reasons other than the merits of the case. This is an attempt to endeavor and influence the due administration of justice under the federal obstruction of justice statute." [....]

[T]he plainest legal definition of obstruction of justice is something like this: acting with the specific intent to interfere with a judicial proceeding.

How strong is the case that Trump obstructed justice based on what we already know? [...]

Gurulé also sees at least three instances in which the president arguably violated obstruction of justice laws. The first is the actual firing of Comey. "If it's clear that this was done with the aim of interfering with the investigation, that's obstruction of justice."

The second instance has to do with Trump's conversations with Comey. "We know that the president asked Sessions and others to leave the room so that he could talk privately with Comey," Gurulé says. "If the president urged Comey to back off Flynn, or even if he expressed his desire to see Flynn left alone, that strikes me as endeavoring to influence or obstruct the due administration of justice."

Still, the question of intent remains. But if it's true that this conversation occurred as reported and as Comey details, it would appear that the president wanted Comey to make a decision regarding the investigation based on something other than the merits of the case -- and that's obstructing justice by any reasonable standard.

The third potential instance of obstruction is Trump's alleged conversation with Director of National Intelligence Dan Coats. According to the Washington Post, Trump asked Coats in March "if he could intervene with then-FBI Director James B. Comey to get the bureau to back off its focus on former national security adviser Michael Flynn in its Russia probe." As with the Comey interactions, the whiff of obstructionism is strong here.

These are all discrete cases, Gurulé says, and they shouldn't be conflated. Even if there's a sound justification for Comey's firing, "that doesn't pertain at all to the conversation between Trump and Comey or between Trump and Coats."

Particularly if the prospect of impeachment is in question, whether Trump committed obstruction of justice is relevant, but that doesn't necessarily make it more or less likely to happen. Ultimately, as Christopher Slobogin, a professor of criminal law at Vanderbilt University, told me, "Congress gets to decide what constitutes a high crime and misdemeanor for impeachment purposes."

Which is to say, even if Trump did obstruct justice, he will not be impeached unless a Republican-controlled Congress decides he ought to be.

Posted by at June 8, 2017 8:25 AM

  

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