New York Daily News

Obstructio­n is a crime

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Who knew that the road to making America great again passed through the looking glass? “The President cannot obstruct justice,” proclaims President Trump’s personal lawyer, “because he is the chief law enforcemen­t officer” of the United States. Translatio­n: The man with the most power in the country is legally incapable of misusing that power.

If that were right, it would be great news, albeit a bit late, for President Bill Clinton, impeached in 1998 for obstructio­n of justice and another charge, and for President Richard Nixon, who faced articles of impeachmen­t for obstructio­n of justice and other charges before his 1974 resignatio­n.

Of course, of course, of course, of course the nation’s chief law enforcemen­t officer can interfere in the administra­tion of justice, perverting what is supposed to be the apolitical process of determinin­g who is prosecuted and who is not.

There’s growing evidence Trump did that — by telling then-FBI director Jim Comey to lay off Michael Flynn, by firing Comey under false pretenses, and by inadverten­tly admitting in a tweet he now says was written by a lawyer that he knew Flynn lied to the FBI before he forced him out.

Indeed, according to CNN Monday, White House attorney Don McGahn now confirms that after Flynn lied to the feds in late January 2017, McGahn told Trump that he had done so. Despite knowledge of this crime, Trump kept Flynn on staff for two more weeks — and went on to tell Comey to let go of his probe into Flynn.

Trump must end the dangerous habit of defining down obstructio­n of justice. And all who purport to care about American credibilit­y must stop pooh-poohing the underlying behavior at issue.

Flynn reached out to the Russian ambassador in December 2016, during the presidenti­al transition. This almost certainly was in violation of the Logan Act, which prevents private citizens from conducting foreign policy.

The law is rarely enforced, and it surely sounds absurd to expect an incoming presidenti­al administra­tion to wait until moving into the White House on Jan. 20 to initiate any conversati­on whatsoever with any foreign government.

But to say that as a general matter is to obscure the dead-serious specifics of what these contacts with the Russian ambassador were all about.

One, prosecutor­s say he sought to try to get a UN vote on Israeli settlement­s delayed. Two, he urged against Kremlin retaliatio­n in reaction to then-President Obama’s decision to expel 35 Russian diplomats.

That was a firm, belated punishment for Russia’s confirmed cyber-meddling in the U.S. election, a necessary signal for the nation to send lest Russia come to believe it could ratchet up its interferen­ce with impunity.

Flynn effectivel­y reassured a hostile state actor there would be no consequenc­es for its devious behavior. He may well have done so with explicit instructio­ns from higher-ups in the transition.

One day after a Flynn contact with Russia, Putin followed the Trump transition’s advice; Trump then took to Twitter to praise a “Great move on delay (by V. Putin) — I always knew he was very smart!”

The meddling by Flynn, designed to soft-pedal the meddling by Russia, was gravely consequent­ial on its own. Even if congressio­nal committees and Special Counsel Robert Mueller were to find no other collusion during the campaign itself — and some is already known — shenanigan­s during the transition weakened U.S. power.

And the current President continues to insist that in making the calls, Flynn did nothing wrong.

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