Is President Trump's Legal Team Preparing For An Imminent "Obstruction Of Justice" Charge? | Zero Hedge
Description: "President cannot obstruct justice because he is the chief law enforcement officer under [the Constitution's Article II] and has every right to express his view of any case."
Keywords: Zero Hedge,Zerohedge,Finance,Economics,Markets,Politics,Analysis,FBI,Fox News,President Obama,Testimony,Twitter,White House
Date: 2017-12-04T00:00:00Z

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# Is President Trump's Legal Team Preparing For An Imminent "Obstruction Of Justice" Charge?

by Tyler Durden
Dec 4, 2017 9:10 AM
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President Trump set off a new wave of mainstream media outrage over the weekend when he publicly admitted that he was aware that Flynn had lied to the FBI and Vice President when he made the decision to fire him. Not surprisingly, the Left has used the admission to once again suggest that Trump obstructed justice by firing Comey for simply pursuing charges against someone who Trump himself already knew to be guilty.

> I had to fire General Flynn because he lied to the Vice President and the FBI. He has pled guilty to those lies. It is a shame because his actions during the transition were lawful. There was nothing to hide!

> — Donald J. Trump (@realDonaldTrump) December 2, 2017

Of course, we know from Comey's own testimony that he was fired by Trump for repeatedly refusing to announce publicly that the President was not under investigation, a courtesy that he provided Hillary numerous times during the campaign.

Be that as it may, comments from Trump's legal team this morning to Axios seem to imply that the White House may be preparing a preemptive defense for an obstruction of justice charge...

> Why it matters: Trump's legal team is clearly setting the stage to say the president cannot be charged with any of the core crimes discussed in the Russia probe: collusion and obstruction. Presumably, you wouldn't preemptively make these arguments unless you felt there was a chance charges are coming.

> The "President cannot obstruct justice because he is the chief law enforcement officer under [the Constitution's Article II] and has every right to express his view of any case," Dowd claims.

> Dowd: "The tweet did not admit obstruction. That is an ignorant and arrogant assertion."

...a defense which Harvard Law professor Alan Dershowitz has offered at least a hundred times over the past year with the latest coming this morning on Fox News.

> "You cannot charge a president with obstruction of justice for exercising his constitutional power to fire Comey and his constitutional authority to tell the Justice Department who to investigate, who not to investigate. That's what Thomas Jefferson did, that's what Lincoln did, that's what Roosevelt did. We have precedents that clearly establish that."

> .@AlanDersh on @foxandfriends: “You cannot charge a president with obstruction of justice for exercising his constitutional power.” https://t.co/eZyumrpcov pic.twitter.com/KJ7VCjz8cn

> — Fox News (@FoxNews) December 4, 2017

Not surprisingly, other left-leaning lawyers (you know, because the application of law was always intended to be political) tend to disagree with Trump's legal team and the famed Harvard law professor.

> One top D.C. lawyer told me that obstruction is usually an ancillary charge rather than a principal one, such as aquid pro quo between the Trump campaign and Russians.

> But Dems will fight the Dowd theory. Bob Bauer, an NYU law professor and former White House counsel to President Obama, told me: "It is certainly possible for a president to obstruct justice. The case for immunity has its adherents, but they based their position largely on the consideration that a president subject to prosecution would be unable to perform the duties of the office, a result that they see as constitutionally intolerable."

> Remember: The Articles of Impeachment against Nixon began by saying he "obstructed, and impeded the administration of justice."

Of course, if the FBI truly is concerned about people in positions of power admitting to obstructing justice via twitter then perhaps they should take a look at James Comey's latest tweets which could easily be interpreted as the former FBI director admitting some political bias and a personal vendetta against the current administration...

> “But justice roll down like waters and righteousness like an ever-flowing stream” Amos 5:24 https://t.co/o89PSY1YBd

> — James Comey (@Comey) December 1, 2017

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Pandelis Dec 4, 2017 9:13 AM

i thought that was fake news ... are we back to square one with stwaks dropping 300 points and then rebouncing ... trump tweeting and retweeting while he bombs north korea

UndergroundPost Pandelis Dec 4, 2017 9:14 AM

The only obstruction of justice making a travesty of justice was Comey's cover for Crooked Hillary

BullyBearish UndergroundPost Dec 4, 2017 10:02 AM

trumpanyahoo's first act of obstruction of justice was to try to get flynn to get the russians to block the un resolution against israhell's illegal settlements (stealing)...

Gap Admirer BullyBearish Dec 4, 2017 10:26 AM

First, and most importantly, congratulations ZH on being linked to by Drudge as a news source. YUGE hits coming and a bump up in the reliable news rankings.

Second, bullshit. The president can not obstruct justice by firing his underling FBI director who OBSTRUCTED Hillary(!) justice.

When will the Special Council be appointed to investigate Hillary(!) and Comey? Without that, justice truly is being "obstructed."

Big Twinkie Gap Admirer Dec 4, 2017 10:51 AM

Don't want or need a special counsel. There's no conflict of interest in pursuing Hillary. Maybe the Justice Department can do something to earn their pay?

Gap Admirer Big Twinkie Dec 4, 2017 10:55 AM

Completely agree. It is the impact on the dolts of the country that the Special Council has that is important. It is a political, not legal, position now but the dolts don't get that. Simply assigning a Special Council makes the big Tee Vee watchers think that the "target" is guilty.

But, yes, the DOJ should do its job and prosecute.

NoDebt Gap Admirer Dec 4, 2017 11:17 AM

The "obstruction of justice" thing is just going to be used as the pretext for articles of impeachment against Trump, should the Ds take the House in 2018. The legal side, as has been AMPLY pointed out already, is a non-issue for a President who has the right to direct the FBI and DOJ in whatever manner he sees fit.

This is the prelude to impeachment, not a legal jeopardy for President Trump.

Anyone tells you otherwise has no fucking clue what they're talking about.

bamawatson NoDebt Dec 4, 2017 11:26 AM

interesting tweets at end of article https://theconservativetreehouse.com/2017/12/03/attorney-general-jeff-se...

eatthebanksters NoDebt Dec 4, 2017 11:30 AM

Well someone is really fuckered up. Either Trump's legal team is a joke, putting out a tweet that Dems are using as evidence of obstruction of justice, and Ty Cobb has his head up his ass for saying the investigation wold be over by Thanksgiving and now January......or this opinon piece is an utter waste of time. Which is it?

bamawatson eatthebanksters Dec 4, 2017 11:51 AM

http://www.breitbart.com/video/2017/06/07/dershowitz-cannot-obstruction-...

Beam Me Up Scotty Gap Admirer Dec 4, 2017 10:51 AM

"One top D.C. lawyer told me that obstruction is usually an ancillary charge rather than a principal one, such as aquid pro quo between the Trump campaign and Russians."

How about the Quid Pro Quo between the Russians, Uranium One, and the Clinton Foundation? How about that one? Where they gave the Clinton Foundation 100 MILLION DOLLARS. You think that was to save starving children????? LOL@YOU!!

macholatte Beam Me Up Scotty Dec 4, 2017 11:16 AM

LOCK HER UP!

LOCK HER UP!

LOCK HER UP!

GUS100CORRINA Beam Me Up Scotty Dec 4, 2017 1:33 PM

Is President Trump's Legal Team Preparing For An Imminent "Obstruction Of Justice" Charge?

My response: The MARXIST PROGRESSIVE LIBERALs and NEOCON RHINOS will stop at nothing to destroy the republic.

The CLINTON CRIME SYNDICATE and the DNC are synonymous with the term "OBSTRUCTION OF JUSTICE". They are the POSTER CHILDREN for the crime OBSTRUCTION OF JUSTICE.

Drain the Swamp ... FEINSTEIN, LINDSEY GRAHAM, MCCAIN and many others.

By the way, every time President TRUMP is attacked, market volatility goes up 15% plus. Someone should follow the money when these attacks on the POTUS occur and see who bought what before the announced news event.

NoPension Gap Admirer Dec 4, 2017 12:59 PM

Why...o ...why was Flynn even talking to an investgative body without an ...or through an....wait... ATTORNEY??!!

Have you imbeciles learned a lesson??

YOU...have the RIGHT to remain silent. Da 5th!

Never...ever... talk to the police.

That being said.. Flynn is not that stupid. This is a trap. And it is NOT the FBI setting it!

The Wizard BullyBearish Dec 4, 2017 12:33 PM

The obstruction is to prevent Flynn from releasing an extensive pedo list he may have received from the Russians.

lenz3099 BullyBearish Dec 4, 2017 12:59 PM

You sir are an idiot of epic proportions and you should go kill yourself immediately, please do it, make the world a better place just kill yourself.

caconhma UndergroundPost Dec 4, 2017 9:48 AM

It is obvious that

- Trump is a POS and is totally unsuited for and incompetent as the US President. The same goes for his entire administration. They are all a joke
- Somebody has to explain to Trump what are responsibilities and functions of the US President
- Trump must choose whether he is the US President or a Tweeting Don

NoPension caconhma Dec 4, 2017 10:04 AM

The God Emperor of The United States is redefining the office.

Get used to it, prog.

MAGA!

Gap Admirer NoPension Dec 4, 2017 10:27 AM

. <- That's all it is, just a dot.

Kayman caconhma Dec 4, 2017 10:37 AM

cac

Were you in a deep coma during reign of Dubya and Obumbler?

Trump has to tweet or the MainStream Cesspool would be the only turds rolling downhill with Comey.

BabaLooey caconhma Dec 4, 2017 10:40 AM

Yeah...and Barky Soeweeeto Bin Bama was legit.

You are among the dopes that believed his bullSHIT.............

Get your head out of your cavernous ass.

I just bet you whiffed Canks cabbage blasts and thought it was jasmine.

Stop watching the Idiot Box - it has made you one.

Slammofandango caconhma Dec 4, 2017 11:05 AM

Thank you oh so very much for sharing your entirely subjective opinion with us. Of course your opinion isn't supported by any legal a authority and there is no constitutional structure from which to enforce your opinion. So at this point, you are free to disagree but there isn't anything you can do until 2020 which might at all in any way cause for Donald Trump to not be president. In the more likely event of Trump being reelected, I hope you do not again completely lose your mind and can instead ease your hysteria in being faced with the opinion of the constituency by telling yourself, 'the voters have the right to be wrong. In fact, say that to yourself now; it's so much more calming than screaming at the sky...

Yukon Cornholius caconhma Dec 4, 2017 11:10 AM

Which of the prior 8 presidents could be termed "suitable" and "competent" enough for the office of POTUS? The bar is set extremely low.

Muslimania UndergroundPost Dec 4, 2017 9:59 AM

If anyone is obstructing justice, it is the corrupt FBI and DOJ!!!!!

chunga Muslimania Dec 4, 2017 10:06 AM

Attorney General Jeff "The Stiff" Sessions has made a spectacle of himself. If he isn't laying in the weeds just waiting to pounce, as some speculate, he will go down as a timeless villain.

trailer park boys chunga Dec 4, 2017 10:34 AM

Give Jeff a break. He's busy laying in the weeds just waiting to pounce on jokers, smokers, and midnight tokers.

chunga trailer park boys Dec 4, 2017 11:26 AM

If this is part of a game plan to make him appear non-partisan or something (feckless?) then I'd say it's time to declare mission accomplished. Right now it looks like he's running flak for the swamp.

Branded trailer park boys Dec 4, 2017 11:58 AM

Yeah, the fucking War on Potheads - no SWAT Team or Private Prison Left Behind.

I keep hearing all that's a cover for the real shit; one can only hope.

. . . believe it when I see it.

shitshitshit UndergroundPost Dec 4, 2017 10:03 AM

hell yeah.

LOCK HER UP!

FoggyWorld UndergroundPost Dec 4, 2017 10:06 AM

McCabe is in there, too, as is Rosenstein.

MoreFreedom Pandelis Dec 4, 2017 10:57 AM

Trump's lawer clearly said that Trump learned Flynn lied to the FBI when Flynn was indicted. The poorly worded tweet, was intended to buttress the fact that Flynn lied to the VP and that was unsatisfactory, which Trump earlier said was the reason he fired him at a long press conference. That Flynn was indicted for lying to the FBI and plead guilty, just is more evidence that Flynn (a Democrat that Obama promoted to head the DIA) isn't trustworthy and for that reason doesn't belong in a Trump administration. He was fine and dandy for Obama though.

Still, I wonder what Flynn knew that he said he would testify about, given that he'd be granted immunity (which I'd also like to know). That offer also is yet another reason Flynn isn't fit for duty.

HRClinton Pandelis Dec 4, 2017 11:36 AM

"It is a shame because his actions during the transition were lawful. There was nothing to hide!"

All the more bizarre, that he did lie. WTF was he thinking?

Unless, as some have suggested here, the FBI was recording him when they interviewed him about his meeting with the Russian Ambassador (Kisliyak), they already had a Transcript of that conversation, and he was "careless and reckless" with the language of his responses. In which case... Entrapment!

In any case, for all his smarts, he seems woefully unsophisticated in legal matters -- something that you cannot afford to be in DC or his position.

As to why he "lied to Pence", is beyond me.

Attitude_Check Pandelis Dec 4, 2017 12:48 PM

https://m.youtube.com/watch?v=ZJyEc-TKxP4

In an attempt to add a little bit of logic to this discussion.....

drendebe10 Pandelis Dec 4, 2017 1:12 PM

Not necessarily a chump fan but as for all the nasty mean divisive hypocritical progressive liberal democrap turd stooge anti trumpers fukemall and may their lives turn ro stool as they inflicted on the tax paying U.S. citizens Fukemall

Bill of Rights Dec 4, 2017 9:12 AM

Robert Mueller, the same person who ran the investigation on the BCCI scandal, the Iran-Contra criminal investigation, and the Noriega-CIA drug investigation as well as 911....Nothing to see here folks.

Trump ...take him down.

Juggernaut x2 Bill of Rights Dec 4, 2017 9:35 AM

Trump should be brought up on "Obstruction Of Using His Brain" charges

HRClinton Juggernaut x2 Dec 4, 2017 11:41 AM

C'mon guys, that was actually FUNNY. And clever.

Touchy Trumpeteers? Tough crowd.

Peacefulwarrior Bill of Rights Dec 4, 2017 10:48 AM

“But justice roll down like waters and righteousness like an ever-flowing stream”@ James Comey

So this A$$HAT thinks he's a Prophet, the sickness that resides in the minds of these psychopaths is without limits

Yukon Cornholius Peacefulwarrior Dec 4, 2017 11:15 AM

No, he thinks he's howdy-doody. He just thought the scripture quote was some cool shit to say before killin a muthafucka

JRobby Bill of Rights Dec 4, 2017 11:00 AM

Mueller has nothing to lose at this point as his laundry is out in the yard for all to see.

Indicting Trump in December would be a very risky event considering what has come to light recently. But these "people", so used to having their criminal ways unchallenged, are now desperate as Trump's agenda is gaining momentum and results. It would be madness.

Bank_sters Dec 4, 2017 9:16 AM

James COmey quoting scripture is rich. Oh, what happened to seth by the way? The truth is that the FBI is acting like a wing of the clinton crime syndicate. I guess that shouldn't surprise anyone.

LyLo Bank_sters Dec 4, 2017 10:18 AM

"The devil can cite scripture for his purpose. An evil soul producing holy witness is like a villain with a smiling cheek; a goodly apple rotten at heart."

HRClinton Bank_sters Dec 4, 2017 11:46 AM

The FBI is playing the Procedure Game:

"If you can't get them on Principle, get them on Procedure".

The motto of every trial lawyer, ever.

You'd think that Trump and his Administration would know this by now, considering how Nixon and Bill Clinton got burned by this tactic. And those two guys were lawyers. Some lawyers.

Cautiously Pess... Dec 4, 2017 9:17 AM

I have said it before.... any attempt to impeach and remove Trump from office over the left's false narrative of collusion/obstruction/Logan Act/etc. will be met with thunderous blowback. Surely these globalists know this, right?? They just don't care....

JoseyWalesTheOutlaw Cautiously Pessimistic Dec 4, 2017 9:24 AM

They're overplaying their hand.....then again that is all they have left before The Don and his team actually destroy them in the coming 2 years. DJT retained the Director of NSA and I believe that guy is actually being of help to Don's team. We'll see within these next 6 months.

wet_nurse Cautiously Pessimistic Dec 4, 2017 9:31 AM

How fun would it be to watch youtube clips of militia's marching on Washington?

Kobe Beef wet_nurse Dec 4, 2017 11:01 AM

Better yet...

Join the militia, join the "fun", and march on Washington.

Any American that cannot, does not, or will not Bear Arms is no American at all.

HRClinton Kobe Beef Dec 4, 2017 11:50 AM

And don't dyslexic be: don't arm bears.

;-)

Cloud9.5 wet_nurse Dec 4, 2017 12:59 PM

The schadenfreude you hope for would mark the end of days. It might be the only viable option left to us, but God help us if that becomes a reality. No running water, no electricity, A-10’s strafing the interstates our enemies around the world a doing a happy dance at the mere prospect.

Cautiously Pess... Cloud9.5 Dec 4, 2017 1:17 PM

Yeah, things could suck for a while, but I am pretty sure those A-10's will be strafing the House, the Senate and Hollywood, then landing on the interstates to applause and high fives from We The People....

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