Is the president tampering with a witness by means of public tweets and media interviews?
Latest in Obstruction of justice
The president can obstruct justice by firing senior law enforcement officials, and impeachment is a fully constitutional remedy for it.
Can obstruction of justice be the legal predicate for an article of impeachment?
The harder question to answer is whether a president can obstruct justice under the legitimate exercise of his constitutional powers.
Whether the president obstructs justice will turn on whether his actions are supported by Article II itself.
Morrison v. Olson does not provide a basis for arguing President Trump could be subjected to criminal liability for obstruction of justice.
The Constitution does not give the President the exclusive power to control all federal law-enforcement investigations—and to shut any of them down for any reason the President sees fit.
Obstruction of justice requires corrupt intent. If one is truly a fool and ignorant of the way Washington works .... perhaps that is a successful defense. Which isn't a good thing for the Nation.
Our previous analysis of whether President Trump's behavior toward former FBI Director James Comey might constitute obstruction of justice missed an important and complex question: whether an FBI investigation even counts as a “pending proceeding” for purposes of the agency obstruction of justice statute, 18 U.S.C. § 1505.
Former FBI Director James Comey's concerns about inappropriate White House contacts with the Department of Justice emphasize the importance of policies limiting these interactions to protecting our constitutional democracy.