ANTI-DON FED’S HILL HELP
President Trump’s personal lawyer argued on Monday that the commander in chief can’t be charged with obstruction of justice.
The “president cannot obstruct justice because he is the chief law-enforcement officer under [the Constitution] and has every right to express his view of any case,” lawyer John Dowd told the news site Axios.
The claim followed former National Security Adviser Michael Flynn’s guilty plea on Friday to charges of lying to the FBI and a Trump tweet in which he said he “had to fire . . . Flynn because he lied to the Vice President and the FBI.”
That post suggested Trump knew Flynn had lied before the president asked then-FBI Director James Comey to go easy on him.
Democrats and several legal experts were skeptical about Dowd’s immunity claim.
“There is a credible case of obstruction of justice against Donald Trump,” said Sen. Richard Blumenthal (D-Conn.), a former attorney general.
And Bob Bauer, a law professor and ex-White House counsel to former President Barack Obama, insisted that Trump or any president could be charged with obstruction.
“It is certainly possible for a president to obstruct justice,” Bauer said. “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.”
Ex-Manhattan US Attorney Preet Bharara, whom Trump fired, told NPR that charging a president with obstruction “is a very high bar, it’s a very high threshold, it’s a difficult thing, it’s never been done before.”
But, he added, “The mere fact that the president is the president doesn’t immunize him from an accusation of obstruction.”
Harvard Law Professor Alan Dershowitz told Fox News that “for obstruction of justice by the president, you need clearly illegal acts.”
“The president could’ve pardoned Flynn if he were really thinking about trying to end this investigation . . .
“So I think the fact that the president hasn’t pardoned Flynn even though he has the power to do so is very good evidence that there’s no obstruction of justice going on here.”
The articles of impeachment against both former Presidents Richard Nixon and Bill Clinton included charges of obstruction of justice.
Meanwhile, Trump said Monday he feels “very badly” for Flynn.