Executive Power
Morrison v. Olson Is Bad Law
Adrian Vermeule Fri, Jun 9, 2017, 8:14 PM
Morrison v. Olson does not provide a basis for arguing President Trump could be subjected to criminal liability for obstruction of justice.
Latest in Obstruction of justice
Executive Power
In the View of the Supreme Court, Alan Dershowitz Is Wrong About the Powers of the President
Rick Pildes Fri, Jun 9, 2017, 12:52 PM
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.
Donald Trump
Donald Trump's Best Defense: "I'm Ignorant"
Paul Rosenzweig Fri, Jun 9, 2017, 8:13 AM
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.
Obstruction of justice
Does an FBI Investigation Qualify Under the Obstruction of Justice Statutes? A Closer Look
Helen Klein Murillo, Benjamin Wittes Fri, Jun 2, 2017, 2:59 PM
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.
Department of Justice
On the Importance of Limiting White House-DOJ Contacts: It’s Not Just About Obstruction
Justin Florence Mon, May 22, 2017, 8:30 AM
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.
Donald Trump
When Questions of Norms Become Questions of Law, Part II: On the President's Threatening Tweet
Bob Bauer Fri, May 12, 2017, 5:11 PM
Since my posting just yesterday, which noted that the President Trump’s flouting of norms may be exposing him to legal peril, he seems unable to change course. Today brings news of a fresh and potentially grave misstep, this time accomplished by a tweet.
FBI Director James Comey
Was the Firing of James Comey Obstruction of Justice?
Helen Klein Murillo Wed, May 10, 2017, 2:56 PM
Now is a good time to review the legal definition of obstruction of justice and how it might apply to the firing of the FBI Director
The Russia Connection
The Law of Lying: Perjury, False Statements, and Obstruction
Helen Klein Murillo Wed, Mar 22, 2017, 9:30 AM
A brief examination of the three major criminal laws of lying that have pervaded public discourse on the Russia Connection.