If Congress charged President Donald Trump with obstruction of justice for firing former FBI Director James Comey, that would trigger a constitutional crisis, Harvard Law professor emeritus Alan Dershowitz argued Monday. Comey told Congress that Trump had asked him to go easy on Flynn, a conversation that happened several weeks before the firing.
A sitting president can not obstruct justice, Trump lawyer John Dowd told ABC News in a statement today, citing Article II of the Constitution.
The presumptuous contention by one of President Trump's lawyers that a President can not be culpable of occlusion of justice indicate a disputable defense procedure in the absolute Russian Federation investigation as Trump's political advisers are progressively perturbed about the legitimate instructions he is receiving.
Since the president serves as the nation's chief law enforcement officer, Dowd claimed he has an absolute right to get involved in criminal justice matters.
Trump wrote on Twitter over the weekend that he "had to fire General Flynn because he lied to the Vice President and the Federal Bureau of Investigation".
Flynn pleaded guilty last Friday to a charge of lying to the Federal Bureau of Investigation brought by Special Counsel Robert Mueller, who is leading a probe into alleged Russian interference in the 2016 election and possible obstruction of justice by the Trump administration. "And one of the charges against the King of England at that time was the obstruction of the administration of justice".
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As the Congressional Research Service explains: "Obstruction of justice is the frustration of governmental purposes by violence, corruption, destruction of evidence, or deceit". Michael Gerhardt of the University of North Carolina called it "absurd".
Russian Federation has denied meddling in the 2016 USA election, and Trump has denied any collusion took place between Russian Federation and his election campaign.
Dowd's sudden and brazen claim comes as a surprise even to senior White House officials, and the statement now clouds the President's current legal strategy against a potential attack from special counsel Robert Mueller's prosecution team.
Roger Stone, a political operative and longtime confidant of President Trump, said Monday night that the President's lawyers "are not serving him well".
"The articles of impeachment against Nixon mention obstruction of justice".
"There's a long line of cases holding that when a government official exercises an otherwise legal authority with corrupt intent, they can be prosecuted for obstruction". Lawmakers cited obstruction in impeachment proceedings against presidents Richard Nixon and Bill Clinton. Dowd's comments have been interpreted to mean that he believes Trump to - quite literally - be above the law (because he is the law).