The harder question to answer is whether a president can obstruct justice under the legitimate exercise of his constitutional powers.
Latest in Obstruction of justice
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.
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.
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
A brief examination of the three major criminal laws of lying that have pervaded public discourse on the Russia Connection.