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Friday, April 19, 2019

One Last Mueller Take

It's worth taking a moment to look at obstruction of justice as an issue for President Trump.  In order for something to qualify as obstruction, it has to be intentional.  Let me give you an example.  If Bob were being investigated for a crime and he went to a key witness and told him that he would suffer greatly were he to testify against Bob, that would constitute obstruction even if the witness ignored him.  On the other hand, if Bob were to be driving in a snowstorm and to hit a patch of ice and get into an accident during which the witness was killed, it is not obstruction because Bob didn't intend to affect the investigation.  That means that for the President to have obstructed justice, he has to have intended to harm the investigation.

So what was the President's intent?  Let's take a look.

President Trump could have prevented his staff from cooperating with the Mueller team.  Trump could have used Executive Privilege to block much of the testimony.  That is not obstruction; it is just common practice by a president.  President Obama blocked testimony by his staff on many occasions citing Executive Privilege.  But President Trump didn't assert this privilege.  He didn't act to do what he easily and legally could have done to thwart the prosecutors.

President Trump could also have used other perfectly legal and proper methods to interfere with the investigation.  He didn't. 

This raises the obvious question:  if Trump was supposedly trying to obstruct justice, why didn't he use the proper and legal means at his disposal to do just that?  The obvious answer is that the President wasn't trying to obstruct the investigation.  He just wanted it over.  That is a very human and legal reaction.

It still amazes me that the Democrats want to continue down this idiotic road with further investigations.  My guess is that after a few weeks the polling will convince them to put all this stuff on the back burner.

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