The special counsel’s take on whether obstruction of justice can apply to presidential actions facially within Article II authority is consistent with the text, history, structure and principles of the Constitution, as well as the Supreme Court’s case law on the subject.
Ben Berwick is Counsel at Protect Democracy. He previously served for six and a half years in the U.S. Department of Justice, as a Trial Attorney with the Civil Division, Federal Programs Branch and Counsel to the Assistant Attorney General for the Civil Division. Ben also served as a Law Clerk to the Honorable Mark R. Kravitz on the U.S. District Court for the District of Connecticut. He graduated from Yale Law School.
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The administration’s threats stand to chill not only the speech of direct targets but also that of civil servants and employees of contractors who hold clearances.
The Trump White House's repeated efforts to interfere in law enforcement matters involving specific parties don't only breach longstanding democratic norms. They likely violate the Constitution as well.