June 2, 2018

THEY DO WELL TO ADMIT HE'S OBSTRUCTING:

Trump's Lawyers Cite Outdated Statute in Long Letter to Mueller Rejecting Interview Request (DANIEL POLITI, JUNE 02, 2018, NY Times)

In what the New York Times describes as "a brash assertion of presidential power," the president's lawyers claim he can't actually obstruct the investigation into Russia's involvement in the presidential election because Trump has the power to "if he wished, terminate the inquiry, or even exercise his power to pardon." That broad view of presidential power could be at the heart of any legal battle over a subpoena.

Yet any battle in the courts may not turn out so well for Trump's attorneys considering their understanding of obstruction of justice law seems to, at the very least, be outdated. In one portion of the letter, the president's lawyers say investigators are looking into Trump asking then FBI chief James Comey to end the investigation into his former national security adviser Michael Flynn. According to Trump's lawyers, that couldn't have possibly been obstruction because Trump didn't know Flynn was under investigation. But the attorneys cite an outdated statute to make that claim, failing to mention that a broader 2002 law makes it a crime to obstruct an investigation even before it officially starts. "The president's lawyers do not mention this statute, whose existence appears to render several of their arguments beside the point," notes the Times.

Posted by at June 2, 2018 6:08 PM

  

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