Posted on 12/04/2017 8:21:12 AM PST by Hojczyk
The president may not be prosecuted in a criminal judicial proceeding for exercising his discretion, however objectionably, in executive matters over which the courts have no power of review. If Mueller tried to indict him, Trump would have unfettered discretion to fire Mueller and to direct the Justice Department to drop the case.
You may not like that, but that’s the way it is. It is not, however, the end of the matter.
Any powers can be abused. When executive powers are abused, Congress retains the constitutional authority to impeach and remove the president. Obstruction of an FBI investigation may not be realistically prosecutable in court, but there is congressional precedent — in the Nixon and Clinton situations — for obstruction to be a “high crime and misdemeanor” triggering impeachment. Undoubtedly, abuse of the pardon power would also be an impeachable offense, even though it is not reviewable by the courts.
I continue to believe that this is the real danger for President Trump: A report by the special counsel, either through the grand jury or some other vehicle, concluding (a) that the president had obstructed the FBI’s investigation of Flynn and of Trump-campaign collusion with Russia, and (b) recommending that the matter be referred to Congress for consideration of next steps, potentially including impeachment and removal.
(Excerpt) Read more at nationalreview.com ...
Yup. It’s all over. May as well start moving hildabeast and billy boy back in to the WH. Yup, done deal. Oh, never mind. More wishful thinking by by the msm.
This has been posted already this morning.
Obstruction is really not something they can go after, unless Flynn is going to say, Trump told him that he would do anything to make sure the FBI does not prosecute him. Then its a matter of who the Senate believes. Remember when it comes to Trump, this is not court its the Senate.
Obama, the Clintons, Lynch, and Comey obstructs justice and Trump’s teeth are set on edge?
The Mueller investigation is on it’s face an Obstruction of Governance
You go for it Democrats!
NeverTrump turd Andie McCarthy breathing heavy at the thought of taking down Trump. Wipe your mouth Andie it ain’t happening.
Andrew McCarthy is a brilliant and accomplished former federal prosecutor and a good conservative. He is not “msm.” You should read and understand everything he writes. He knows where the dangers lurk for Trump and Trump would be wise to enlist his aid on figuring out a defensive strategy.
How exactly does a president “obstruct” his subordinates.
I was not aware F-troop was an independent 4th branch of government setting policy.
Andy means the FBI investigation that used the ILLEGAL Russian/British dossier? That investigation? The FBI investigation where Obama’s minion illegally unmasked private American citizens?
McCarthy is a nevertrumper bushbot so he is not brilliant or accomplished.
There’s not enough plexiglass in the world for dems and journalists to hide behind, if they truly try to impeach Trump.
That is all, carry on.
Caught part of that Lewinsky thing last night. Clinton pressured Monica to lie on an affidavit to protect himself. He also lied directly to a grand jury. But there were no criminal charges, right? It took congress to impeach (but not censure) him.
The point is that the Congress can pretty much impeach someone for whatever reason it deems politically necessary. If you can get most of the House and two-thirds of the Senate to say Trump is gone, he’s gone.
This is dumb. Trump didn’t obstruct anything. The FBI investigation was not being conducted by Comey. It NEVER stopped. Expressing regret at Flynn’s errors, he wished that Flynn could find a break because of 33 years service to the nation. He himself fired Flynn. He said any of his guys doing wrong should be pursued. IOW, it’s wishing for the lighter sentence instead of the harsher while doing nothing about the investigation itself.
Then he saw Comey lie to Congress or him about Trump, investigation, and Russia collusion.
He fired Comey for lying.
“For argument’s sake, let’s assume the worst: Trump knew Flynn had lied to the FBI (i.e., that Flynn had committed at least one felony), and he leaned on Comey to close the FBI’s probe. Even with those assumptions, there is still no obstruction case.”
The article should have ended with that paragraph, instead jumping into wishful speculation about what 2/3s of congress might do, even though, as Andy points out “there is still no obstruction case”
You really think Mitch is going to allow impeachment to come to the floor after 3+ million of us come marching through D.C.?
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