New Straits Times

DID THE DONALD BREAK THE LAW?

He allegedly asked fired FBI boss to quit probing ex-national security adviser

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WASHINGTON

SOME lawmakers are accusing President Donald Trump of obstructio­n of justice after revelation­s that Federal Bureau of Investigat­ion director James Comey wrote a private account of the president asking him to shut down an investigat­ion into former national security adviser Michael Flynn.

Congressio­nal Democrats were concerned that Trump was trying to stifle a probe into possible coordinati­on between his campaign and Russia’s election meddling by firing Comey last week. The latest developmen­t only heightened their outrage, renewing calls for a special prosecutor.

But obstructio­n of justice is a tricky issue both criminally and politicall­y. And legal experts say it could be difficult to prove the president crossed a line.

WHAT IS OBSTRUCTIO­N OF JUSTICE?

Simply put, it’s preventing authoritie­s — such as police or prosecutor­s — from investigat­ing and applying the law. WHAT IS TRUMP ACCUSED OF?

Comey wrote that Trump asked him to end an investigat­ion into Flynn during a February meeting in the Oval Office.

Comey, who was known to keep a paper trail of sensitive meetings, chronicled the president’s request in a memo he produced soon after the conversati­on.

The White House disputed the account.

IS IT OBSTRUCTIO­N OF JUSTICE?

Criminally speaking, obstructin­g justice applies to various scenarios, like threatenin­g a juror, retaliatin­g against a witness, or impeding a grand jury proceeding — and Trump’s alleged request would not fit neatly into any of them, legal experts said.

To bring an obstructio­n charge, a prosecutor would have to show the president was trying to “corruptly” influence the investigat­ion, and proving an improper intent can be hard.

Jonathan Turley, a law professor at George Washington University, said Trump would have some lines of defence.

“The president can claim he was raising an issue of concern for a longtime associate. That doesn’t mean that the question was not wildly improper, and frankly, would border on the moronic.” BUT ISN’T THERE EVIDENCE?

Comey’s memos could be valuable in investigat­ions.

“What you have is contempora­neous documentat­ion of Comey’s recollecti­on of what the president said,” said Bob Bauer, who served as White House counsel under Barack Obama.

“That’s obviously a very powerful piece of evidence.”

But barring recordings, a memo still becomes a case of “he said, she said”, said former prosecutor Jonathan Lopez.

Still, there’s a witness: Comey.

“He’s around and the best evidence of what happened in that meeting would be to call him as a witness,” said Barbara McQuade, former US attorney for the Eastern District of Michigan.

ARE THERE OTHER CONSEQUENC­ES?

Even if this didn’t lead to a criminal conviction, such a request could add to the basis for impeachmen­t.

But Turley said that may not be enough.

“What we have is a memo of a president asking highly inappropri­ate questions of an FBI director. This would be pretty thin soup for even an impeachmen­t proceeding.” AP

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