Obstruction of justice

Latest in Obstruction of justice

Executive Power

The President Is Still Subject to Generally Applicable Criminal Laws: A Response to Barr and Goldsmith

In an op-ed in the New York Times and a post on Lawfare, we criticized President Trump’s nominee to be the next attorney general, William Barr, for a memo he sent to Trump administration officials last June arguing that Special Counsel Robert Muell

Executive Power

Obstruction of Justice and the Presidency: Part III

In Part I of this series, I concluded that the “president cannot obstruct justice when he exercises his lawful authority that is vested by Article II of the Constitution.” For purposes of either a criminal conviction, or an impeachment trial, I wrote, “the question of whether the president obstructs justice will turn on whether his actions are supported by Article II itself.”

Executive Power

How Can the President Obstruct Justice?

Earlier today, Josh Blackman penned on this site a cogent piece arguing that a president cannot commit the crime of obstruction of justice using valid exercises of his Article II powers as president. There is a lot in Blackman’s article with which I agree, and I urge all readers inclined to race to the judgment that President Trump has obstructed justice to read it carefully. But I ultimately come to a different conclusion—at least theoretically.

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