except for the caveats which you could run an oil tanker through.
did you catch the caveats...
1. The Justice Department, as well as many scholars, have
opinedthat a sitting president cannot be indicted and tried for a crime. So the ultimate issue, whatever Mueller's findings, will come down to the political question of impeachment.
2. . Federal courts have said that virtually
any actcan create such liability for obstruction and that the act need not, by itself, be unlawful or even nefarious.
but that does not mean that what Trump did was nefarious or unlawful. This is very big question. Is "hoping" a nefarious act when you are the President. Would a trier of fact find it unlawful.
3. Second, Trump's act allegedly was taken with a specific "official proceeding"—the potential prosecution of his former national security adviser—in mind as the object of the effort to obstruct. According to the author...
As long as the suspect has a specific potential proceeding in mind—any possible prosecution of Flynn would do here—this requirement is
satisfied.
How would Trump have had a specific legal proceeding in mind. Can anyone prove he had a specific legal proceeding in mind.
4. Third, Trump's alleged actions clearly indicate a "corrupt" intent, which federal court
rulingshave said is a state of mind meaning "with an improper purpose to obstruct justice." There have been many federal cases in which efforts to derail or even slow a criminal investigation in order to protect associates were proven in court to meet this requirement. That is what apparently happened here.
Again, was hoping an corrupt intent. You would have to prove Trump had a corrupt intent. If hillary did not have intent... how could this have been corrupt intent.
5. this was also a big argument...
Some have
argued that, elements of the crime aside, the president simply cannot be prosecuted for exercising his power to direct federal law enforcement priorities no matter how malevolent his intentions. This argument disturbingly equates the power to do something with the legality of exercising that power. it may be disturbing but it may be the law. The sup ct may have to take this issue up. The president of the US may have the power to hope investigations away... especially since the constitution provided for impeachment.
In summary...
This article by a law professor.... was interesting but not persuasive or powerful. it was a good law school exercise.