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Old December 4th, 2017, 05:41 PM   #1
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Impossibility to Obstruct Justice for Trump

President Donald Trump's personal lawyer today outlined a new pre-emptive legal defense in the ongoing Russia probes: The president cannot be guilty of obstruction of justice in his role.

A sitting president cannot obstruct justice, Trump lawyer John Dowd told ABC News in a statement today, citing Article II of the Constitution.

The "president cannot obstruct justice because he is the chief law enforcement officer under Art II and has every right to express his view of any case," Dowd added.

The outline, first reported by Axios this morning and later confirmed by ABC News, comes two days after Trump tweeted that he had fired his former national security adviser, retired Lt. Gen. Michael Flynn, because "he lied to the Vice President and the FBI."

Trump's tweet sparked renewed talk of possible evidence of obstruction of justice because his tweet seemed to acknowledge that he knew Flynn had lied to FBI investigators before firing him in February.

Trump's lawyer says he wrote the president's tweet about Flynn's dismissal

Flynn prepared to testify that Trump directed him to contact Russians about ISIS, confidant says

Dowd confirmed to ABC News he drafted Trump's social media post and sent it to Trump's social media director, Dan Scavino.

https://twitter.com/realDonaldTrump/...07006526959618

Former FBI Director James Comey testified in June before Congress that Trump asked him to "let this go" — drop the FBI's investigation of Flynn in connection with his false statements about his conversations with Russia's then-Ambassador Sergey Kislyak in December.

The special counsel's office announced Friday that Flynn pleaded guilty to one count of lying to the FBI about his negotiations with Kislyak before Trump assumed office.

Special counsel Robert Mueller and his team have been investigating Russian meddling in the 2016 presidential election and possible ties between Russia and Trump campaign associates since May.

It's impossible for Trump to 'obstruct justice,' his lawyer says - ABC News
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Old December 4th, 2017, 07:20 PM   #2
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Besides, obstruction of justice (OoJ) involves the judicial process, and an FBI investigation is not part of the judicial process.

The House filed an OoJ against Nixon only after he refused to honor a subpoena which the Supreme Court had upheld as valid.

Only after Clinton suborned perjury, and lied in his deposition, was an OoJ filed.
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Old December 4th, 2017, 07:57 PM   #3
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And Jeff Sessions voted to convict Clinton for "Obstruction of Justice"

What's changed?
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Old December 4th, 2017, 08:43 PM   #4
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Originally Posted by goober View Post
And Jeff Sessions voted to convict Clinton for "Obstruction of Justice"

What's changed?

Apples and oranges, one is in a court proceeding, another is a trial in the Senate on impeachment.
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Old December 5th, 2017, 03:38 AM   #5
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Just my 2 cents, but this specific issue is one big screw up by the Framers. Yeah Yeah! I know it's heresy to "dis" the Framers--those brilliant, wealthy white guys who started this whole one nation under God business, but seriously, they screwed up. The president of the U.S. should be just as culpable under the law as anyone else and we the people SHOULD be able to prosecute a sitting president WHILE he is in office. It is ridiculous to think that a sitting president can shoplift, blackmail, kidnap, bribe, or jaywalk without fear of prosecution.

I have read that the drafters of the Constitution spent a lot of time on the question of how to respond to presidential wrongdoing. Their remedy was impeachment (by the House of Representatives) and then conviction (by the Senate), which could occur for “Treason, Bribery, or other high Crimes and Misdemeanors", which is about as ambiguous as you can get....so then do we bring in the Supremes?? and if the majority sides with the political party of their choice, there's absolutely no justice for the American people.

Why would the Founders think for ONE minute that a U.S. president, chosen by we the people, would be above the law? Would be infallible? Would always do the right, moral, & JUST thing?

As the law stands now, we can’t indict and try a sitting president. He has to be removed first.

It's just wrong. Period.
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Old December 5th, 2017, 11:22 AM   #6
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The legal experts seem quite split on whether obstruction charges can be laid or not. This linked article talked to a group that thinks they can.

And obviously the Republican VP does so since he voted to charge Clinton with obstruction of justice.

Trump could be found guilty of obstructing justice, legal scholars say - World - CBC News
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Old December 5th, 2017, 11:34 AM   #7
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An impeachment proceeding is far different than a court matter.

And OoJ involves the judicial function, not an FBI investigation. Bill Clinton suborned perjury, lied to the court (perjury) in his deposition, thus OoJ. Same with Nixon who refused to comply with a subpoena which the Supreme Court had upheld. Only after Nixon refused to comply was an article of impeachment for OoJ filed. Both were impeachment proceedings, not a court proceeding.

Firing the head of the FBI falls completely within the power of any President.

I note how many were willing to exculpate Clinton for suborning perjury, for committing perjury, because it was merely over a sexual matter. You folks have no legs to stand on.

Last edited by Kelvin; December 5th, 2017 at 11:40 AM.
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Old December 5th, 2017, 11:39 AM   #8
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Quote:
Originally Posted by goober View Post
And Jeff Sessions voted to convict Clinton for "Obstruction of Justice"

What's changed?
Clinton lied during the Judical Process, he lied in 2 courts.
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Old December 10th, 2017, 08:36 AM   #9
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Clinton deleted over 30,000 e-mails, is this considered an obstruction of justice?
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Old December 10th, 2017, 09:38 AM   #10
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Clinton deleted over 30,000 e-mails, is this considered an obstruction of justice?
No. The FBI knows a lot more about it than you do.
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