Nope, no obstruction case against Trump

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If Flynn told the president, "The FBI is squeezing me and I may have to rat you out on this whole Russian Federation thing", and Trump subsequently ordered Comey to drop the case, Dershowitz argues that would be perfectly legal. And it concluded Monday morning with Trump's personal lawyer making a bold claim: Regardless of all of it, John Dowd says, a president can't even technically obstruct justice.

Article II of the Constitution is getting some attention as a lawyer for Donald Trump and a Harvard law professor argue that the article makes it impossible for the president to be charged with obstruction of justice.

"There's never been a case in history where a president has been charged with obstruction of justice for merely exercising his constitutional authority". Flynn has agreed to cooperate with the investigation being led by Special Counsel Robert Mueller into potential collusion between the Russian government and Trump campaign during the 2016 election.

Trump's lawyer John Dowd said he was behind a tweet that seemed to suggest the President knew his disgraced national security adviser lied to the Federal Bureau of Investigation when he dismissed him in February.

This comes on the heels of former National Security Advisor Mike Flynn pleading guilty last Friday to lying to Federal authorities earlier this year. She added, "That's obstruction of justice". Trump had previously blamed the February 13 firing on the fact that Flynn misled Vice President Mike Pence about his conversations with ambassador Sergey Kislyak during the presidential transition.

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"What does it say that Trump's lawyers are having this fight in public tonight?"

Attorney General Jeff Sessions in 1999 - then a senator from Alabama - said it was possible that then-President Bill Clinton had committed obstruction of justice during the course of a scandal involving Clinton's statements about an extramarital affair he had with a White House intern.

Even so, while Congress has other ways to punish a president for trying to obstruct justice through impeachment, it remains an open question whether he could be prosecuted.

"You can't have obstruction of justice by each party exercising their authority", said Dershowitz.

If that is true of the prosecutor, the low man on the totem pole, the same would seem to apply to any government official who directs - even contrary to well established custom - that a prosecution be discontinued, including the attorney general or even the top law enforcement official, the president. It's well within the president's power to fire those that work beneath him. Both Nixon and Clinton were charged with obstructing justice in their respective articles of impeachment. Dowd also declined requests for further comment on Monday. "I now see that Mr. Dowd said the tweet came from him".

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