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Exclusive: Trump lawyer claims the "President cannot obstruct justice"
Axios ^ | December 4th, 2017 | Mike Allen

Posted on 12/04/2017 9:33:48 AM PST by Mariner

John Dowd, President Trump's outside lawyer, outlined to me a new and highly controversial defense/theory in the Russia probe: A president cannot be guilty of obstruction of justice.

The "President cannot obstruct justice because he is the chief law enforcement officer under [the Constitution's Article II] and has every right to express his view of any case," Dowd claims.

Dowd says he drafted this weekend's Trump tweet that many thought strengthened the case for obstruction: The tweet suggested Trump knew Flynn had lied to the FBI when he was fired, raising new questions about the later firing of FBI Director James Comey.

Dowd: "The tweet did not admit obstruction. That is an ignorant and arrogant assertion." Why it matters: Trump's legal team is clearly setting the stage to say the president cannot be charged with any of the core crimes discussed in the Russia probe: collusion and obstruction. Presumably, you wouldn't preemptively make these arguments unless you felt there was a chance charges are coming.

One top D.C. lawyer told me that obstruction is usually an ancillary charge rather than a principal one, such as aquid pro quo between the Trump campaign and Russians. But Dems will fight the Dowd theory. Bob Bauer, an NYU law professor and former White House counsel to President Obama, told me: "It is certainly possible for a president to obstruct justice. 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."

(Excerpt) Read more at axios.com ...


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events
KEYWORDS: johndowd; obstruction; trumprussia
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Let's have this fight.

Right in the middle of the public square. On live TV with all of America as the audience.

1 posted on 12/04/2017 9:33:48 AM PST by Mariner
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To: Mariner

When Clinton and Obama fired all the Federal Attorneys They were obstructing Justice.


2 posted on 12/04/2017 9:36:36 AM PST by tired&retired (Blessings)
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To: Mariner

Dershowitz: ‘You Cannot Charge a President With Obstruction for Exercising His Constitutional Power’!

Breitbart ^ | 4 Dec 2017 | JEFF POOR
Posted on 12/4/2017, 9:29:24 AM by Mr. Mojo

Monday on Fox News Channel’s “Fox & Friends,” Harvard law professor Alan Dershowitz batted down the merit of obstruction of justice charges aimed at President Donald Trump for what he said was exercising his constitutional power and authority regarding the firing of then-FBI Director James Comey and instructing the Department of Justice what to and not to investigate.

“If Congress were to ever charge him with obstruction of justice for exercising his constitutional authority under Article 2, we’d have a constitutional crisis,” he explained. “You cannot charge a president with obstruction of justice for exercising his constitutional power to fire Comey and his constitutional authority to tell the Justice Department who to investigate, who not to investigate. That’s what Thomas Jefferson did. That’s what Lincoln did. That’s what Roosevelt did. We have precedents that clearly establish that.”

(Excerpt) Read more at breitbart.com ...via

http://freerepublic.com/focus/f-news/3610490/posts


3 posted on 12/04/2017 9:37:47 AM PST by Grampa Dave (Build Kate's wall and keep the illegals and illegal murderers/criminals out of America! SLAP!!!)
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To: Mariner

The sanctuary cities not cooperating with ICE is obstruction of justice

Or at least, aiding and abetting an escape


4 posted on 12/04/2017 9:37:58 AM PST by tired&retired (Blessings)
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To: tired&retired

Oh what rubbish!

https://www.nytimes.com/2017/06/12/us/politics/trump-nominates-us-attorneys.html


5 posted on 12/04/2017 9:40:06 AM PST by bigbob (People say believe half of what you see son and none of what you hear - M. Gaye)
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To: Grampa Dave

This is similar to the case I’m which the Democrats took TX gov. Rick Perry to court for exercising his constitutional right. The court ultimately sided with Perry.


6 posted on 12/04/2017 9:42:40 AM PST by djpg
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To: Mariner
The tweet suggested Trump knew Flynn had lied to the FBI when he was fired,

No suggestions necessary.

President Trump knew Flynn had lied to the VP..

It was even in the news at the time.

That's why the President fired Flynn.


7 posted on 12/04/2017 9:46:46 AM PST by Vlad The Inhaler (United We Stand - Divided We Fall. Remember: Diversity is the opposite of unity.)
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To: Mariner
John Dowd, President Trump's outside lawyer, outlined to me a new and highly controversial defense/theory in the Russia probe: A president cannot be guilty of obstruction of justice.

"New"? "theory"?

Try old, originalist and Constitutional.

8 posted on 12/04/2017 9:47:41 AM PST by FreeReign
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To: Mariner
But Dems will fight the Dowd theory

We'll see how well they fight the nail-studded baseball bats at the blanket party we're gonna throw for the entire District of Corruption...

9 posted on 12/04/2017 9:48:56 AM PST by kiryandil (Never pick a fight with an angry beehive)
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To: Mariner

Did Obama obstruct justice when he had Holder stop prosecuting the New Black Panthers?

Did Trump, like Nixon, hide evidence of a crime?

The left is doing anything it can to keep impeachment alive.


10 posted on 12/04/2017 9:52:24 AM PST by djpg
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To: kiryandil

Let’s have this fight.

A full-on, country-dividing brawl.

Somebody wins.

And somebody loses.


11 posted on 12/04/2017 9:52:59 AM PST by Mariner (War Criminal #18)
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To: Mariner

Hey, it was okay for the Klintons and Obammys to do it, so why not our side? Screw em and the horse they rode in on.


12 posted on 12/04/2017 9:53:52 AM PST by RetiredArmy (We are in the Last Days of human history. Jesus is coming back, & soon! Do U know Him?)
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To: Mariner
Let’s have this fight.

I've watched their DC BS for 20+ years.

It's time.

13 posted on 12/04/2017 9:55:08 AM PST by kiryandil (Never pick a fight with an angry beehive)
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To: djpg
The left is doing anything it can to keep impeachment alive.

Yep, they are just BEGGING for another Civil war.

14 posted on 12/04/2017 9:55:19 AM PST by unixfox (Abolish Slavery, Repeal the 16th Amendment)
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To: Mariner

Highly controversial. That the president’s subordinates in the executive branch have a right to do what they think is best without his interference.

The FBI literally thinks it is independent. The State dept, NSA and CIA think they SET national policy, not merely execute it.

We are so screwed that this is even controversial.


15 posted on 12/04/2017 10:18:14 AM PST by DesertRhino (Dog is man's best friend, and moslems hate dogs. Add that up. ... we.)
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To: Mariner

“.....obstruction is usually an ancillary charge rather than a principal one, such as aquid pro quo between the Trump campaign and Russians. But Dems will fight the Dowd theory.”

Democrat: “OBSTRUCTION”. Therefore “obstruction” is the goal, and now the Democrats WILL CREATE out of thin air something ridiculous, and claim it is “obstruction”. Be patient as it will happen in 5,4,3,2,1.


16 posted on 12/04/2017 10:19:10 AM PST by rockinqsranch (Dems, Libs, Socialists Call 'em what you will, they all have fairies livin' in their trees.)
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To: Mariner

A president can talk to any member of his staff about his thoughts. That is why they are there.


17 posted on 12/04/2017 10:22:38 AM PST by xzins (Retired US Army chaplain. Support our troops by praying for their victory.)
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To: xzins

And he can order the DOJ and FBI to start, stop, or how to proceed in an investigation. They are -not- independent.


18 posted on 12/04/2017 10:26:10 AM PST by DesertRhino (Dog is man's best friend, and moslems hate dogs. Add that up. ... we.)
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To: DesertRhino

“And he can order the DOJ and FBI to start, stop, or how to proceed in an investigation. They are -not- independent.”

True.

But the US Congress will fight that concept to the very best of their ability. They are deeply invested in the idea these agencies, once created, ARE fully independent of the Executive.

Far more than DOJ and the Rule of Law is at stake from their perspective.

What if a US President decided to fire every employee of the EPA? How about the FBI?

Fully Constitutional.

And the Congress would impeach over it while the Judiciary implemented emergency restraint.


19 posted on 12/04/2017 10:32:48 AM PST by Mariner (War Criminal #18)
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To: Mariner

Just shows how little the liberal media knows about the law. I got a good chuckle back in the spring when the media was saying President Trump may be guilt of “leaking classified information”. The first thing you learn when you get a Clearance is that the President if the ultimate arbiter of what is classified and what isn’t and can classify or declassify at will. Therefore a President could never leak classified information because if he releases the information then it is defacto no longer classified information...


20 posted on 12/04/2017 10:36:36 AM PST by apillar
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