Between Friday’s New York Times story and other earlier material, we might be in a position to revisit the relationship between the “collusion” and obstruction components of the Mueller investigation.
Latest in Obstruction of justice
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
Daniel Hemel and Eric Posner have harshly criticized William Barr’s memo on Special Counsel Robert Mueller’s obstruction of justice theory.
In a New York Times op-ed last Friday, we wrote that William Barr, who served as attorney general under President George H.W.
The memo on obstruction of justice by Bill Barr, the once and future attorney general, is a bizarre document—particularly so for a man who would supervise the investigation it criticizes.
There's a good case that it is.
Is the president tampering with a witness by means of public tweets and media interviews?
Josh Blackman, in three successive postings for Lawfare, and co-commentators David Rivkin and Lee Casey in a separate piece for the Wall Street Journal, have been developing the case that a president firing an FBI director or other senior law enf
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.”
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.