New York Daily News

‘ON MONEY’ FOR OBSTRUCTIO­N

- BY CHRISTOPHE­R BRENNAN

ALLEGATION­S that President Trump told FBI Director James Comey to back off an investigat­ion into disgraced national security adviser Michael Flynn could lead to massive legal problems for the commander-in-chief. “There is clearly probable cause that he’s committed obstructio­n of justice,” attorney Nick Akerman, an assistant special prosecutor during the Watergate investigat­ion and current partner at law firm Dorsey & Whitney, told the Daily News Tuesday. Obstructio­n of justice as a federal crime covers anyone who “influences, obstructs or impedes” official federal proceeding­s, including court cases and investigat­ions conducted by federal agencies. “You couldn’t come up with better evidence,” Akerman said of Tuesday’s New York Times report, which said that a memo Comey wrote after a Feb. 14 meeting claimed that the President asked him to end the investigat­ion into Flynn. Obstructio­n of justice is a specific intent crime, meaning that the perpetrato­r has to intend to interfere with an ongoing federal investigat­ion. Akerman said Trump’s reported statements to Comey were “right on the money.” He added that asking Comey to back off Flynn could be the first half of an obstructio­n “double whammy” against Trump, with the second half being firing Comey to impede the broader investigat­ion into the Trump campaign’s ties to the Russian government.

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